"Was Plessy v. Ferguson a Case of Judicial Activism?"
A Focus on the 14th Ammendment

II. LESSON PLAN CONTENT

Assignment #1: Students will be given the following handouts on Thursday, March 2, with the expectation that they read these materials for homework:

1. The 14th Amendment
2. Plessy v. Ferguson (1896), pp. 68-72
   (respond to questions as well)
3. Plessyv. Ferguson (1896), pp. 29-31
   (respond to questions as well)
4. Judicial activism/judicial restiaint (choose one of the four)

Assignment #2: On Friday, March 3, there will be a class discussion of Readings A, B, C, and D. Following this discussion, students will be assigned parts for the mock trial of Plessy v. Ferguson.

Roles to be assigned:
Appellants:

• Homer Plessy
• Albion Tourgee

Appellees:

• John Ferguson
• Alexander P. Morse

  8 Justices of the U.S. Supreme Court:

• Melville Fuller (Chief Justice)
• Henry Brown
• Stephen Field
• Horace Gray
• John Harlan
• Rufus Peckham
• George Shiras
• Edward White

  8 amicus curiae groups: (2 students in each group)

• Booker T. Washington (Handout E)
• Senator Benjarnin Tillman of South Carolina (Handout F)
• The East Louisiana Railroad (Handout G)
• Henry McNeal Turner (Handout H)
• Ida Wells-Barnett (Handout I)
• P.B.S. Pinchback (Handout J)
• President Grover Cleveland (Handout K)
• Professor Joseph LeConte (Handout L)

Assignment #3: Between Saturday, March 4, and Wednesday, March 8, each group will prepare in the following ways:

1. Appellants and appellees will prepare oral arguments to deliver to the Justices. Each side will be given 10 minutes to speak; Justices will interrupt these oral argwnents with questions (approximately 5 minutes of the 10 minutes will be taken up by questioning).
2. Justices will be given short biographies. They will use these biographies and their own research to prepare for the simulated trial. Each Justice should prepare two questions for the oral argument stage.
3. Each amicus curiae group will be given a handout that provides some clues about what its position might be. The groups will use these handouts and their own research to prepare written briefs on the case to be presented to the Justices. One of the two group members will orally present to the Justices, who will ask one relevant question to each group.

Assignment #4: On Thursday, March 9, students will present the mock trial. During the trial, members of the amicus curiae groups will take notes on a Trial Handout.

1. Each arnicus presenter will be given 4 minutes to address the Justices. The Justices will ask one question of each amicus presenter. [32 minutes]
2. The appellant attorney will present an oral argument to the Justices. Justices will interrupt with at least three questions. [10 minutes]
3. The appellee attorney will present an oral argument to the Justices. Justices will interrupt with at least three questions. [10 minutes]
4. The Justices will deliberate in the open. [10 minutes]
5. The Majority Opinion will be delivered, followed by the Minority Opinion. [6 minutes; 3 for each opinion]
6. Homer Plessy and John Ferguson will respond to the court's ruling. [4 minutes; 2 for each litigant]
7. Audience response and discussion, based on the Trial Handout. [10 minutes]

Homework assignment:

Write an argumentative essay answering the following question:

Was the decision in Plessy v. Ferguson true to the 14th Amendment or were the Justices asserting judicial activism? The paper must be a minimwn of three pages in length (word-processed, 12 font), and it is due on Monday, March 13, 2006.