INTRODUCTION

INTRODUCTION:

BACKGROUND Beginning with the “corrupt bargain of 1877,” in which Reconstruction ended as union troops were pulled from their enforcement duties, through the 1950’s, the purpose of the Civil War amendments was systematically eroded in the old Confederacy. Replacing the lofty goals of Northern Republicans was a social system termed “Jim Crow. Two parallel societies evolved based on race. Common sights in southern states were segregated schools and separate public facilities for blacks and whites. This segregation was legalized in 1896 by the Supreme Court decision in Plessy v. Ferguson and Jim Crow became legally institutionalized. Races were separated in the United States army, major baseball leagues, and universities and in almost all walks of life. Change began to occur as two world wars witnessed a “black migration” to northern cities. A more active black intellectual elite was emerging led by civil rights groups such as the NAACP. However, the issue of integration faced an impasse as U.S. presidents and Congress refused to take legislative positions for change. Yet slowly change was occurring. Baseball was integrated in 1947 as was the U.S. Army. Medical schools opened to qualified blacks under a Supreme Court decision. But all was insignificant in the face of the watershed Supreme Court decision that took place in 1954. It was in this landmark case that the Warren Court became the legislative arm of the United States government.

THE SUPREME COURT OF THE UNITED STATES

THE ISSUE

In this WebQuest we will be investigating the case known as Brown v. The Board of Education of Topeka Kansas. We will evaluate the case and determine its impact on American history.

In this case the Supreme Court revisited the 1896 Plessy v. Ferguson decision, which legalized polices that allowed government services to be rendered on a segregated basis using the concept of “separate but equal.”

YOUR PLACE IN THE WEBQUEST

You lucky students will be transported by an historical time machine, invented by Ira Gelenter, our TIPS technology director, to the year 1954. Your offices are located in Washington DC. The case of Brown v. Board of Education of Topeka Kansas is now being argued by the ultimate judicial body under the American Constitution: the Supreme Court.

Chief Justice Earl Warren and his eight associates are presently hearing the case. Their decision will reshape America.

Your job is to serve as intern advisers to parties in the case. They certainly need your help! Brown and the Topeka Kansas Board of Education are desperately seeking legal advice. The nine Supreme Court justices are equally interested in advisory views which will allow them to make a decision that is “just” and which may have a critical impact on the American way of life.

You have a monumental task! Your advice can change history. It will impact hundreds of millions of American citizens

in this and future generations. Your task is difficult, daunting and critical to the survival of liberty and democracy.

You are fulfilling the dreams of Abraham Lincoln

a century and a half later.

Good Luck Advisers !!!!

TASK:

1. You will evaluate the case of Brown v. Board of Education as follows:

In groups of four:

2. You will create THREE salient arguments that can be helpful to the cause of the Topeka Board of Education and THREE salient arguments that would promote the cause for Brown. Each argument should be clearly explained in full sentences. You will use the TIPS Con-Law methodology as well as other Internet resources

3. Your group will have SIX separated items in all. Your group should come to a consensus on all items.

4. Your final product will be your group’s responses, neatly written or typed on a sheet of paper listing the group members, the three arguments for Brown, and the three arguments for the Board of Education

HOMEWORK:

In a two-page minimum, type-written paper, address the following question:

“To what extent has the spirit of the Brown v. Board of Education decision been implemented in American society?”

In your essay you may want to consider:

Ø Affirmative Action

Ø De facto segregation

Ø American institutions (education, government, housing)

Ø Private enterprise

Ø Media, Entertainment, Sports

PROCESS:

1. You will be divided into groups of four.

2. You will evaluate the Case Brown v. Board of Education using the TIPS CON-LAW Model. You will access the TIPS website and complete the case analysis as per teacher instructions. You will use knowledge gained from this CON-LAW evaluation and the websites listed in the RESOURCE section to construct your arguments. (The websites in the resource section have been selected by the instructor and are pertinent to task completion.)

3. Each group will complete the task above and produce the SIX arguments required. The arguments should be neatly written or typed on MS word as follows:

I. Arguments for the position of Brown

II. Arguments for the position of Topeka Board of Education

4. Each group will hand in to the teacher a sheet listing the group members. Also include the three arguments for Brown, and the three arguments for the Board of Education.

5. The class will then be divided into two groups, a Brown group and a Board of Education group, to present oral arguments.

RESOURCES:

Background of the case

Summary of the Case

Arguments for Both Sides

National Historic Site-Topeka, KS

Brown v. Board of Education 50 th Anniversary Commission

A further discussion of the issue of school segregation

Tips page (PPA) –Teacher resources many fields

TIPS ConLaw page– A process for studying about court cases

RUBRIC FOR GRADING:

GRADING RUBRIC	Beginning 1	Developing 2	Accomplished 3	Exemplary 4	Score
Content and Research	Little or no accurate information is provided. Did not use the suggested websites and did not use the steps/links of the ConLaw Case Analysis.	Information is somewhat accurate and comprehensive. Contains extraneous detail. Used a few of the suggested websites and a only few steps/links of the ConLaw Case Analysis.	Information is mostly accurate and comprehensive and contains few extraneous details. Used most of the suggested websites and some steps/links of the ConLaw Case Analysis	Information is completely accurate, comprehensive, and carefully selected to meet the needs of the project. Used ConLaw Case Analysis as well as suggested websites
Language Usage for Written and Oral Arguments	Major errors that interfere with communication.	Frequent repetitive errors.	Minimal errors in grammar, spelling and word usage.	Grammar, spelling and word usage are correct and contribute to clarity and style.
Organization of Written and Oral arguments	Choppy and confusing; format was difficult to follow; transitions of ideas were abrupt and seriously distracted the audience	Somewhat organized; ideas were not presented coherently and transitions were not always smooth, which at times distracted the audience	Presented in a thoughtful manner; there were signs of organization and most transitions were easy to follow, but at times ideas were unclear	Extremely well organized; logical format that was easy to follow; flowed smoothly from one idea to another and cleverly conveyed; the organization enhanced the effectiveness of the research
Teamwork	The group required teacher assistance with dividing tasks and resolving differences. Few people contributed their fair share of work.	The group occasionally helped one another but required teacher assistance to resolve differences. One person documents that he/she did most of the work and/or problems were not managed in a way that advanced the group goal.	The group documents how members divided tasks, shared the workload and managed problems in a way that advanced the group goal.	The group documents how members brainstormed, discussed, assumed roles and solved problems. Provides evidence that group members helped one another, shared ideas, developed and evaluated their finished product(s). The project is clearly a group effort.
Two-page Paper	Shows little understanding of the topic. Report lacks proper grammar usage. Poor organizational skills. Sentences lack structure. Presents no legal knowledge of the case or cases.	Presents satisfactory understanding of the topic. Misspells words, poor grammar. Some sentences and paragraphs are not well structured. Does not cite any other case or example to support the argument.	Shows a good understanding of the topic. Uses correct grammar and spelling most of the time. Writes well organized sentences. Cites only one case or example to support the argument.	Shows understanding of the topic. Uses correct grammar and spelling. Writes in complete sentences. Also sites two other similar court cases or examples to support the argument.

New York State Learning Standards:

After completion of this interdisciplinary Web Quest students will have met the following PERFORMANCE STANDARDS:

English Language Arts

Reading

E1c Read and comprehend informational materials.

Writing

E2e Produce a persuasive essay.

Speaking, Listening, and Viewing

E3a Participate in one-to-one conferences with the teacher.

E3b Participate in group meetings.

E3c Prepare and deliver a presentation.

Conventions, Grammar, and Usage of the English Language

E4a Independently and habitually demonstrate an understanding of the rules of the English language in written and oral work.

E4b Analyze and subsequently revise work to improve its clarity and effectiveness.

Social Studies:

Standard 1: History of the United States and New York

Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in the history of the United States and New York.

Standard 5: Civics, Citizenship, and Government

Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations; the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation.

CONCLUSION:

CONGRATULATIONS!

You have learned that Brown v. Board of Education was a very complicated case. It overturned a previous decision which had lasted six decades. It was a turning point in American History. It dared to question Jim Crow institutions and drastically changed common held notions that separation by race was moral and legal. You also have learned the role of the Supreme Court under the American constitutional system. The Court served as a check and balance and, in the end, took on a legislative function in the absence of congressional action. The impact of this case created the basis for a three decade civil rights movement and a constitutional controversy that has not been resolved to this very day.

Our next Web Quest will investigate the fallout of Brown v. Board of Education. We will evaluate the case BAKKE V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA which opened another critical controversy… “Affirmative Action” and “Reverse Discrimination.”

I bet you can’t wait!!!

Brown v. Board of Education

Thurgood Marshall

MONROE ELEMENTARY SCHOOL TOPEKA, KANSAS

THURGOOD MARSHALL

NAACP LEAD LAWYER

Rejected from Maryland School of Law

on the basis of race

and The Plessy v. Ferguson decision