The majority opinion in Plessy, like that in Dred Scott, argued that local customs are to be respected by the law and cannot be overturned by legislation or legal decisions. Open the activity with a discussion of this question: Should the U.S. Supreme Court interpret the Constitution and laws based on the opinions at the time they were written, or on the basis of the public opinion prevailing at the time the case came to court? Why?

Divide the class into two teams and assign each a position on the following question. 

• To what extent have legal precedents, including Constitutional amendments and Supreme Court cases, improved Black Americans’ access to civil rights in the United States?

One team should argue that the Supreme Court has improved access to rights, and the other team should argue that the Supreme Court has not improved access to rights.

Give the groups a class period to prepare their argument. They should use facts, historical examples, data, and specific Supreme Court cases to argue their claim. They should use all primary source documents from the unit, as well as internet research. 

Hold the debate during the next class and follow this schedule:

• Opening Statements: 3 minutes per group
• Argument and Evidence: 5 minutes per group
• Rebuttals: 5 minutes per group
• Closing Statements: 3 minutes per group

Have students complete a written reflection after the debate answering the following question with their own opinion:

• To what extent have legal precedents, including Constitutional amendments and Supreme Court cases, improved Black Americans’ access to civil rights in the United States?