"The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either." —Justice Henry Billings Brown, speaking for the majority

In 1890, Louisiana passed a statute called the Separate Car Act declaring that all rail companies carrying passengers in Louisiana must provide separate but equal accommodations for white and non-white passengers. The penalty for sitting in the wrong compartment was a fine of $25 or 20 days in jail. A group of black citizens joined forces with the East Louisiana Railroad Company to fight the Act. In 1892, Homer Plessy, who was one-eighth black, purchased a first-class ticket and sat in the white-designated railroad car. Plessy was arrested for violating the Separate Car Act and argued in court that the Act violated the Thirteenth and Fourteenth Amendments to the Constitution. After losing twice in the lower courts, Plessy took his case to the U.S. Supreme Court, which upheld the previous decisions that racial segregation is constitutional under the separate but equal doctrine.

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About the materials

These materials were developed for students of various skill levels, and teachers should choose the level that works best for their students.  Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Background summary and questions to consider (by reading level)

• •••
• ••
• •

Important vocabulary (by reading level)

• •••/•• 
• •

Legal Concepts

• Equal Protection

Other useful background information

• Diagram of How the Case Moved Through the Court System

Activities*

The Case

• Does Treating People Equally Mean Treating Them the Same? 
• Fourteenth Amendment vs. Tenth Amendment: Federalism 
  
• Interpreting the Constitution (•••/••)

After the Case

• The Impact of the Case: Separate But Equal
• How a Dissent Can Presage a Ruling 
• Case Study on Integration: Little Rock (from the Center for Technology and Teacher Education, University of Virginia)

* Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Teaching strategies used

• Scored discussion
• Case study

Planning time and activities

If you have one day . . .

• Begin with Does Treating People Equally Mean Treating Them the Same? Discuss situations where equal treatment requires the same treatment and where equal treatment requires different treatment. 
• Read the Background (•) as a class. Have students identify the relevant facts in the case, using the questions as a guide. 
• For homework, have students read the excerpts from the majority opinion and answer the accompanying questions.

If you have two days . . .

• Complete all activities for the first day except the homework. 
• On the second day, complete Fourteenth Amendment vs. Tenth Amendment: Federalism. 
• In class or for homework, have students read the excerpts from the majority opinion and answer the accompanying questions.

If you have three days . . .

• Complete all activities for the first and second days. 
• On the third day, clarify students' understanding of the majority opinion. Read the dissenting opinion as a class and identify differences in reasoning between them. 
• Complete How a Dissent Can Presage a Ruling.
• For homework, if students have access to computers and the Internet, have them complete the Conflict in Little Rock activity (RESOURCES TAB).

If you have four days . . .

• Complete all the activities for the first, second, and third days. 
• On the fourth day, depending on your students' level, complete Interpreting the Constitution (•••/••).
• If Interpreting the Constitution is not grade-level appropriate, have students complete the Conflict in Little Rock online activity (RESOURCES TAB).

• Key Excerpts from the Majority Opinion
• Key Excerpts from the Dissenting Opinion
• Summary of the Decision
• Full Text of the Majority Opinion (external link)

Recommended Resources

• Reinforcing the Case Facts with a Cartoon (Project LEGAL, Maxwell School of Syracuse University)
• Conflict at Little Rock (Center for Technology and Teacher Education, University of Virginia)

For Teachers Only