Segregation caused by residential housing patterns and more recently, the shift from public to private education, is never susceptible to government interference. De facto segregation, the kind of segregation which results from the decisions of private citizens about how and where they want to live their lives, is immune from government intrusion. Any other finding would constitute a moral victory for some, but bring government perilously close to abridging basic constitutional rights of others. Not surprisingly, as de jure segregation has disappeared from the American landscape, de facto segregation has taken its place. This lesson explains Brown v. Board of Education, using the Project Legal method of analysis.
Students engage in tasks that replicate several aspects of the case study method used in law school.
Students will be introduced to new concepts involved in the study of legal precedent and gain a better understanding of judicial decision-making. Discuss whether the segregation of public schools deprives students of the equal protection of the laws. Explain the arguments supporting and opposing segregation in public schools. Demonstrate an understanding of the Project Legal method of analyzing legal decisions. Select a title for the cartoon that you feel best expresses the meaning of the cartoon.