SUGGESTED DISCUSSION QUESTIONS

1. African Americans in Louisiana were granted the right to integrated public facilities in the 1868 state constitution. By 1896, this right was virtually abolished. What changes in public opinion occurred between 1868 and 1896 that allowed this to happen?

2. The Plessy decision left states with the responsibility of protecting minority rights. Based on your understanding of history, what were the benefits and dangers of this "state's rights" doctrine? In what ways are the Supreme Court and Congress moving in a similar "states rights" direction today?

3. The Plessy decision established the doctrine of "separate but equal." Today, racial discrimination is no longer legal, yet we continue to have de facto racially segregated public schools. Should the government guarantee equal funding and resources for these segregated institutions?

4. The philosopher Jean Jacques Rousseau argued that humans are born with unequal talents and abilities, and that it was the government's responsibility to remedy that inequality. Does the federal government have an obligation to remedy the lingering effects of discriminatory practices of the past? Why or why not?

5. The Plessy decision did not create segregation; the customs and attitudes were already present, and the Court simply validated existing racial prejudices. Is prejudice growing today? Why or why not?

6. One of our nation's founding principles is the belief in equality. What does "equality" mean? Doe it mean that the government should guarantee equal protection under the laws? Or does it extend beyond equal protection to include equal access to government resources, i.e. equal schools, equal government services, etc.?

7. In the Civil Rights Cases, the majority opinion argued that blacks should not be the "special favorite of the laws," but simply have the same protection as other citizens. If the Constitution only guarantees that each person is entitled to equal protection of the laws, then how can we justify affirmative action programs that take race into consideration? Should the Constitution prevent laws and policies that take into consideration racial classifications to remedy discrimination?

8. In a recent opinion, Supreme Court Justice Antonin Scalia argued that any use of racial classifications, even to correct past injustices, perpetuates "the way of thinking that produced race slavery, race privilege and race hatred." For Scalia, racial categories used to remedy racism, such as affirmative action, are the causes of racism. Is he right? Why?

9. What is your vision of a racially just society?

10. Reading three argues that few Americans openly express their prejudices, yet many still make decisions based on racial prejudice. How would you propose that we compensate the victims of this "covert racism," such as in cases where an prejudiced employer refuses to hire a qualified minority, but conceals his motives?

11. The new majority on the Supreme Court argues that the Constitution should be "color blind" i.e., that racial classifications should not be used in drawing legislative districts. Do you agree?