7 2
DESCRIPTION
TRANSCRIPT
Flexibility: The Beauty of the Constitution
Consider What role does the Supreme Court
have in the process? What is segregation? How did we get rid of it? What is affirmitive action?
The Role of the Court Determines if a law or action is
CONSTITUTIONAL Not necessarily permanent
Equal Protection Under the Law People are not treated EQUALLY but
must be treated FAIRLY.
Example A bank CAN deny a loan but must do so
on the basis of a credit score or other criteria--NOT race, color, gender, etc.
Important Court Cases Plessy Vs. Ferguson (1896) This case said Separate but equal was
ok.
Brown vs. Board of Education 1954 ruling which said segregated
schools were ILLEGAL. Schools were to desgregate ”with all
deliberate speed”
Affirmative Action Civil Rights laws passed in the 1960s to
guarantee rights for minorities. Workplace discrimination did not just
stop. Government began making companies
take further action to ensure equality.
Debate Is it fair or is it reverse discrimination?
Bakke vs. California Allan Bakke was denied a place in
medical school He had higher test scores than minority
applicants. He sued. Court said you cannot use race alone to
determine school admissions.
Phillips vs. Martin Marietta 1971: Ida Phillips had applied for a job
with Martin Marietta She was rejected for the job She sued, arguing discrimination The hiring policy of the company was to
hire men.
Court Ruling: Cannot have one policy for men and
one for women.
Key Ideas Courts can and do change how they
think about topics. Most change is not formal, but
informal--through court decisions. This flexbility allows us to keep our
constitution but to modify it to today’s world.
Key Ideas
Jefferson quote: Change ”As that becomes more developed,
more enlightened, as new discoveries are made, new truths disclosed, and manners and opinons change…institutions must advance also and keep pace with the times”