Teaching Equal Protection

Save the best for 14th.

  • Activities: 6
  • Quiz Questions: 64

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While the Declaration of Independence stated that all men were created equal, no one really meant it until the 14th Amendment to the Constitution in 1868. You want to make sure your students take this seriously today, unlike the Founding Fathers who waited about a hundred years.

In this guide you will find

  • quizzes to help the students to read between the lines of historical documents.
  • historical connections to the Civil Rights Movement.
  • modern citations showing that people still argue about what "equal protection" really means.

Not to toot our own horn, but all teaching guides aren't created equal. This one is better than the rest.

What's Inside Shmoop's Civics Teaching Guides

Shmoop is a labor of love from folks who love to teach. Our teaching guides will help you supplement in-classroom learning with fun, engaging, and relatable learning materials that bring civics to life.

Inside each guide you'll find quizzes, activity ideas, discussion questions, and more—all written by experts and designed to save you time. Here are the deets on what you get with your teaching guide:

  • 4-10 Common Core-aligned activities (including quotation, image, and document analysis) to complete in class with your students, with detailed instructions for you and your students. 
  • Discussion and essay questions for all levels of students.
  • Reading quizzes to be sure students are looking at the material through various lenses.
  • Resources to help make the topic feel more relevant to your 21st-century students.
  • A note from Shmoop’s teachers to you, telling you what to expect from teaching the topic and how you can overcome the hurdles.

Want more help teaching Teaching Equal Protection?

Check out all the different parts of our corresponding learning guide.




Instructions for You

Objective: In Brown v. Board of Education, Chief Justice Earl Warren drew considerable criticism for the range of reasons he offered in ordering the desegregation of America’s schools. 

In this exercise your students will examine one of the most memorable and controversial lines from that ruling and consider whether the Court should draw upon such logic in interpreting the law.

Length of Lesson: One class period.

Materials Needed:

  • Excerpt from Warren's opinion, provided below
  • (Optional) Full text of Warren's opinion

Step One: Show your students the following excerpt from Warren’s opinion and ask them whether they agree with its logic. You can use the questions below the quote to help guide your discussion.

"To separate [black children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone."

  1. Does separation contribute to a sense of inferiority?
  2. Are the effects enduring, as Warren has suggested?
  3. Does separation at a very early age leave scars that last a lifetime? Explain.

Step Two: Next ask them if this sort of analysis should be a part of the Court’s interpretation of the law. Again, you can use the questions below the quote to help guide your discussion.

  1. Are Warren’s views drawn from legal theory or judicial precedent? Explain.
  2. Do they belong in this opinion? Why or why not?
  3. Should the Court draw upon psychological and sociological theory in applying the law to contemporary questions?
    • Is this part of the Court’s expertise?
    • Is this part of the Court’s responsibility?

Step Three: Give students 5-10 minutes to freewrite in response to the following question:

  • Based on this excerpt from Warren's opinion, do you believe the Court should have ordered desegregation? Explain.

Step Four: Give students a chance to share portions of their writings with the rest of the class.

(Lesson aligned with CA 12th grade American government standards 12.2.1, 12.4.5, 12.5.1)

Instructions for Your Students

When we think of controversy, we think of Prince. 

But that's probably just us. 

Back in 1954, when people thought of controversy, they may have thought of Chief Justice Earl Warren. When Justice Warren ordered the desegregation of America’s schools, he gave an explanation that many found (you guessed it) controversial.

Today you'll be looking at that decision and deciding just how controversial Warren's reasoning was.

Step One: Take a look at the following excerpt from Warren’s opinion and talk about it with your classmates and teacher. 

"To separate [black children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone."

  1. Do you agree with Warren's logic?
  2. Does separation contribute to a sense of inferiority?
  3. Are the effects enduring, as Warren has suggested?
  4. Does separation at a very early age leave scars that last a lifetime? Explain.

Step Two: Now chat with your teacher and classmates about whether or not this sort of analysis should be a part of the Court’s interpretation of the law. You can use the questions below the quote to help guide your discussion.

  1. Are Warren’s views drawn from legal theory or judicial precedent? Explain.
  2. Do they belong in this opinion? Why or why not?
  3. Should the Court draw upon psychological and sociological theory in applying the law to contemporary questions?
    • Is this part of the Court’s expertise?
    • Is this part of the Court’s responsibility?

Step Three: Take 5-10 minutes to freewrite in response to the following question:

  • Based on this excerpt from Warren's opinion, do you believe the Court should have ordered desegregation? Explain.

Step Four: Share portions of your writing with the rest of the class and listen to see what your classmates think.