BIG IDEA:
In order to understand the due process clause
of the 5th Amendment and the equal protection clause of the
14th Amendment, it is helpful to analyze prior court cases. We already covered in the first challenge cases such
as Texas vs. Hernandez (1954), Brown v. Board of Education (1954), and Lawrence
v. Texas (2003). We are going to
examine additional cases.
DIRECTIONS:
A. Determine the cases
you are responsible for as a group.
1
Boy Scouts of
America v. Dale (2000), Nguyen v. INS (2001)
2
Lau v. Nicholas
(1974), Kadrmas v. Dickinson public school (1988)
3
Olmstead v. L.C.
(1999), Bragdon v. Abbott (1998)
4
Regents of the University of CA v. Bakke
(1978), Grutter v Bollinger (2003)
5
Craig v Boren (1976), Loving v. Virgina (1967)
6
UAW v. Johnson Controls
(1991), Saenz v. Roe (1999)
7
Romer vs
Evans (1996), Plyer v. Doe (1982)
B. Review
of Facts: The facts of the case serve as the basis for
classroom discussion. Therefore, the inquiry process should start by carefully
reviewing and clarifying all of the facts. Use Google to find information about
the court case. Answer the following questions:
1.
Describe each of the three tiers of the equal protection clause and both types of due process?
2.
What happened in this case? Who are the parties?
3. What facts are important? Is there information
missing?
4. Why did the people involved act the way they
did?
C. Frame
the Issue: An issue should be posed in the form of a
question. While most cases revolve around a legal issue, you should also
consider issues of public policy, values in conflict, and practical reality.
For example, a case study involving abortion might involve the following
issues:
Legal: Is abortion
legal? If so, under what circumstances?
Public Policy: Should
abortion be legal? Why or why not?
Values in Conflict:
Which
value is more important, a woman's right to privacy or an unborn child's right
to life Why?
Practical: What
are the options open to someone faced with an unwanted pregnancy?
5. What is the issue (or issues) the Court
is deciding?
D. Discuss
the Arguments: Once you have focused on the issues, develop and
discuss the arguments that can be made for and against each of the various
points of view. When discussing the arguments, students consider questions such
as the following:
6. What are the arguments in favor of and against
each point of view?
7. What might be the consequences of each course
of action? To the parties? To society?
8.
What decision did the Court make?
By what vote?
9.
What was their reasoning for the decision? If there was a dissent opinion, what was their
reasoning?
E. Reach a
Decision: A decision is the answer to the issue or issues
posed by the case.
10. Do you agree or disagree with the majority
opinion? Why or why not?
F. Share out Poster
Poster should include
· Catchy headline that frames
the issue
· visuals to symbolize
(interpretive level) the case study (A-E)
Share out should include
· Case Summary
· Majority decision and
minority decisions with reasoning
· Agree or Disagree and why
*One side is for one case the other side is for the
other case.
ROLES:
·
Facilitator: Check for
understanding regarding the 10 questions and make sure the group can answer questions regarding the case
·
Harmonizer: Get group
consensus on questions #5, 8, 9, and 10
·
Resource: Get group to
focus in on equal protection and/or due process when discussing the case
·
Reporter: Organize the
group to do poster and prepare to share out
RULE OF THREE:
For
Preparation
·
Playing the roles properly
·
Answering the 10 questions in your notebook
·
Preparing the poster
For
Share-Out
· Case Summary
· Majority decision and
minority decisions with reasoning
· Agree or Disagree and why
QUESTIONS: Facilitator can ask.
