scdbq regents v. bakke

7/31/2019 SCDBQ Regents v. Bakke

http://slidepdf.com/reader/full/scdbq-regents-v-bakke 1/19

Supreme Court DBQ: Equal Protectionand Affirmative Action

The curriculum,Supreme Court DBQs,

was made possible bya generous grant fromthe National

Endowment for theHumanities through

its We the Peopleprogram.



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Common Core State Standards for English Language Arts &Literacy in History/Social Studies

8. Delineate and evaluate the reasoning inseminal U.S. texts, including the applicationof constitutional principles and use of legal

reasoning (e.g., in U.S. Supreme Courtmajority opinions and dissents) and thepremises, purposes, and arguments inworks of public advocacy (e.g., TheFederalist , presidential addresses).



Equal Protection and AffirmativeAction: Related Cases

Plessy v. Ferguson , 1896, p. 41

Brown v. Board of Education , 1954,p. 53

Regents of the University of California v. Bakke , 1978 p. 63

Gratz v. Bollinger and Grutter v.Bollinger , 2003, p. 75



What was the key holding of the plurality decision inRegents of the University of California v. Bakke?

1. Giving preference to members of a group for noother reason than race was discriminatory andunconstitutional.

2. A diverse student body was not a constitutionally

permissible goal for public universities.

3. UC-Davis could not take students’ race into accountat all when considering applications.

4. Affirmative action programs were necessary to rightpast wrongs due to societal discrimination.

5. Not sure



Regents of the University of California v.Bakke, 1978 p. 63



Equal Protection and AffirmativeAction: Related Cases

Regents of the University of California v.Bakke , 1978 p. 63

Gratz v. Bollinger and Grutter v. Bollinger ,2003, p. 75

Bakke GrutterGratz

http://www.cir-usa.org/Images/grutter2.jpg



Apply Case Briefing Sheet, p. vi—discuss with a partner.

Case Name and Year:

Facts of the case:

Summary of Petitioner’s Arguments Summary of Respondent’s Arguments

How did the Supreme Court decide the case?

How would you decide the case and why?

Read background for Bakke , p. 63Skim documents A-M



10

Regents Both sides Bakke

Document Analysis for Bakke lesson: which attorneywould be most likely to use each document?



Document Analysis for Bakke lesson

Regents Both sides Bakke

E Pres. Johnson’s speech(1965)

B JFK’s Executive Order(1961)

A 14th Amendment EqualProtection Clause

F UC-Davis Med SchoolDemographics

I UC-Davis reply toBakke’s qualifications

C Crockett Cartoon

G Education statistics(1940-1980)

J Oral argument 1978 D Title VI of CRA 1964

H Bakke’s credentials

The Court’s decisions and note would not have been used by either party. But M,Justice Marshall’s opinion, follows the reasoning for Regents. K, Marshall’smemo, could be used by either party; while L, Justice Powell’s plurality, followsthe reasoning of Bakke.



Moot Court: Bakke Case, p. 63Divide class into 3 groups:

–9 Justices

– Advocates for petitioner

– Advocates for respondent

Give time for planning: Justices decide what

questions they want answered in oral arguments;advocates for each side plan their oral arguments.

Allow equal time for presentation of each side,including interruptions from Justices (or not—

your choice). Justices deliberate and announce decision.

Deliberation is actually done in private SupremeCourt conference, but you decide how to do it in

class.



Oral ArgumentsAt the beginning of each session, the Marshal of

the Court (Court Crier) announces:

"Oyez! Oyez! Oyez! All persons having business before the Honorable, the

Supreme Court of the United States,are admonished to draw near andgive their attention, for the Court isnow sitting. God save the UnitedStates and this Honorable Court!"

The Chief Justice will begin the oral argumentphase by saying,

“Petitioner, you may begin.”



Summary of the Bakke Decision“The question came to the Supreme Court, and in the

initial decision, the Court split, with four membersasserting that affirmative action plans involving racialclassification were permissible under the FourteenthAmendment, and four others claiming that any racialconsiderations violated the 1964 Civil Rights Act. JusticeLewis Powell believed that some affirmative action

plans, if carefully crafted, could pass bothconstitutional and statutory scrutiny, and he shaped aclassic transitional decision. Race could be a factor, butonly one of many, used to seek a balance. The decisiondid not really answer the questions raised by affirmativeaction, but paved the way for the Court and the societyto adopt some affirmative action plans, and to begin thedebate over just how far to go in this difficult area.”

http://usinfo.state.gov/usa/infousa/facts/democrac/41.htm USINFO from the United States Department of State

http://usinfo.state.gov/usa/infousa/facts/democrac/41.htm

http://usinfo.state.gov/usa/infousa/facts/democrac/41.htm



Thesis Statements

Students tend to struggle with thesisstatements.

Appraise the claim that theUniversity of California at Davisspecial admissions programresulted in unconstitutionalreverse discrimination. P. 64

Note scoring guidelines, p. 245. A good

thesis statement is critical todeveloping a good essay.



Writing a good thesis statement—

–Analyze the prompt: “assess,” “tyranny of themajority”.

– Fully address all parts of the prompt.

– Clearly take a side—make a declarativestatement that one thing was more important,more persuasive, etc. than another. Since theverb in the prompt is often something like“assess” or “evaluate,” the thesis statementshould show which side the writer takes.

–Suggest a “table of contents ”or road map for theessay—show what elements enter intoconsideration.

– Be sure that the rest of the essay proves the thesisstatement with abundant and persuasive facts

and evidence.

Tips for Thesis Statements



A Suggested Thesis Statement… forBakke DBQ

While the University of California at Davisspecial admissions program was intended toalign with federal guidelines to provide

more chances for minorities to enroll inprestigious colleges, it resulted inunconstitutional discrimination because it

established a quota system that violated theequal protection clause.



What was the key holding of the plurality decision inRegents of the University of California v. Bakke?

1. Giving preference to members of a group for noother reason than race was discriminatory andunconstitutional.

2. A diverse student body was not a constitutionally

permissible goal for public universities.

3. UC-Davis could not take students’ race into accountat all when considering applications.

4. Affirmative action programs were necessary to rightpast wrongs due to societal discrimination.

5. Not sure



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scdbq regents v. bakke

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