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”