How the Constitution is read: judicial review, loose vs strict readings and settled cases

Grade 8 Social Studies Worksheet - Challenge Me

Circle the best answer.

1. Read this first

   Use this

   How the meaning of the Constitution changes (cards A to E). Card A, the Fourteenth Amendment, Section 1 (ratified in 1868; National Archives; cut marked): "… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Card B, Plessy v. Ferguson (1896): in our words, the Supreme Court upheld a Louisiana law that required separate railway cars for white and Black passengers. Justice John Marshall Harlan, the only justice who disagreed, wrote (spelling as printed): "Our constitution is color-blind, and neither knows nor tolerates classes among citizens." Card C, Chief Justice Earl Warren for the Court in Brown v. Board of Education (May 17, 1954; cuts marked; inner quotation marks changed to single marks): "… although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive." "In approaching this problem, we cannot turn the clock back to 1868, when the Amendment was adopted, or even to 1896, when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation." "We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." Card D, the Twenty-Sixth Amendment (passed by Congress March 23, 1971; ratified July 1, 1971; National Archives): "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age." Card E, Article V (National Archives; spelling and capitals as printed; cut marked): "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof …"

2. 1.

   In card A, the Fourteenth Amendment limits whom, and protects whom, Ari asks?

   • It limits States and protects any person within their jurisdiction
   • It limits the federal government alone and protects schoolchildren alone
   • It limits the federal government and protects citizens alone
   • It limits schools alone and protects teachers
3. 2.

   Card B shows two readings of the same amendment in 1896. How did the majority and Justice Harlan differ, Bo asks?

   • Both said courts cannot read the amendment, so its meaning is for Congress to decide
   • The majority struck down the law; Harlan upheld it as a fair rule for railway cars
   • Both said the law violated the amendment, so the Louisiana law could not stand
   • The majority upheld separate cars; Harlan said the Constitution is color-blind
4. 3.

   In card C, the Court says it "cannot turn the clock back to 1868." What reading method does that show, Esme asks?

   • Reading just what the Amendment meant for schools in 1868
   • Proving that the framers of the Amendment wanted segregated schools
   • Asking what public education means today, as well as in 1868
   • Ignoring the Amendment's words altogether and deciding on policy
5. 4.

   A student writes: "Brown changed the words of the Constitution." How strong is that claim, given cards A, C and E, Jun asks?

   • Strong: card C says the Amendment's equal protection words were replaced by new ones
   • Weak: card C reads the same words in a new way; card E says changing words takes an amendment
   • Weak: card C says Brown was not decided, so there was no new reading of the words
   • Strong: card E lets the Court rewrite the Constitution's words whenever it decides a case
6. 5.

   Card C calls the 1868 history "inconclusive" and says the Court "cannot turn the clock back." What do the two lines show together, Kira asks?

   • The history of 1868 did not settle the question, so the Court weighed present-day education
   • The history of 1868 settled the question, so the Court followed it and kept separate schools
   • The Court wanted to restore the conditions of 1896, the year Plessy was decided, in the schools
   • The Court refused to decide the case, so the earlier ruling stayed in place for the schools
7. 6.

   Card B's quotation from Justice Harlan is from a dissent. What is it best evidence for, Luz asks?

   • What Brown held in 1954, when the Court overruled Plessy
   • That at least one justice disagreed in 1896, and how he argued
   • What the law was in 1896, when the Court decided the case
   • What most Americans believed about segregation in 1896
8. 7.

   With 50 states and a 38-state requirement, what is the fewest states that can block ratification, Noah asks?

   • 13 states
   • 25 states
   • 38 states
   • 12 states
9. 8.

   Between the Court's decisions in 1896 and 1954, what changed about the Fourteenth Amendment, Pia asks?

   • Congress amended it to ban separate schools after the Court's decision in 1954
   • Nothing changed; both decisions read the amendment in the same way and agreed
   • The States ratified a new article that replaced it between 1896 and 1954
   • The Court's reading of the same words changed; the words stayed the same
10. 9.

    Compare card D and card C. How do the two ways of changing the Constitution's meaning differ, Ren asks?

    • Brown changed the written text through Article V; the 26th Amendment changed the Court's reading alone
    • Both changed the Court's reading of the text, and neither one added words to the Constitution
    • The 26th Amendment changed the text through Article V; Brown changed the Court's reading, not the text
    • Both needed three fourths of the states to ratify the change, as Article V requires of each
11. 10.

    A student writes: "Everyone in 1896 knew that Plessy was wrong." How strong is that claim, given card B, Tala asks?

    • Weak: card B shows the Court upheld the law, with one justice in disagreement
    • Strong: card B says the vote was unanimous, so no one disagreed with the Court
    • Strong: card B says Harlan wrote the majority opinion, so the Court had agreed
    • Strong: card C says Plessy was already overruled in 1896, so it was known to be wrong