The following is taken from
a case that came before the Supreme Court in 1954: "347 US 483 (1954) Brown v. Board of
Education."
(1) These cases
come to us from the States of Kansas, South Carolina, Virginia, and Delaware. . . . Argument was heard in
the 1952 Term and reargument was heard this Term on
certain questions propounded by the Court.
(2) Reargument
was largely devoted to the circumstances surrounding the adoption of the 14th
Amendment in 1868. It covered exhaustively consideration of the
Amendment in Congress, ratification by the states, then existing practices in
racial segregation, and the views of proponents and opponents of the
Amendment. These sources and our own investigation convince us that,
although these sources cast some light, it is not enough to resolve the
problem with which we are faced. At best, they are inconclusive.
The most avid proponents of the post-War Amendments undoubtedly intended them
to remove all legal distinctions among "all persons born or naturalized
in the United States." Their opponents,
just as certainly, were antagonistic to both the letter and the spirit of the
Amendments and wished them to have the most limited effect. What others
in Congress and the state legislatures had in mind cannot be determined with
any degree of certainty.
(3) An additional reason for the
inconclusive nature of the Amendment's history, with respect to segregated
schools, is the status of public education at that time. In the South,
the movement toward free common schools, supported by general taxation, had
not yet taken hold. . . . Even in the North, the conditions of public
education did not approximate those existing today. The curriculum was
usually rudimentary; ungraded schools were common
in rural areas; compulsory school attendance was virtually unknown. As
a consequence, it is not surprising that there should be so little in the
history of the 14th Amendment relating to its intended effect on
public education.
(4) In approaching this problem, we cannot
turn the clock back to 1868, when the [14th] Amendment was adopted,
. . . We must consider public education in the light of its full
development and its present place in American life throughout the Nation. . .
. Today, education is perhaps the most important function of state and local
governments. Compulsory school attendance laws and the great
expenditures for education both demonstrate our recognition of the importance
of education to our democratic society. It is required in the
performance of our most basic public responsibilities, even service in the
armed forces. It is the very foundation of good citizenship.
Today it is a principal instrument in awakening the child to cultural values,
in preparing him for later professional training, and in helping him to adjust
normally to his environment. In these days, it is doubtful that any
child may reasonably be expected to succeed in life if he is denied the
opportunity of an education. Such an opportunity, where the state has
undertaken to provide it, is a right which must be made available to all on
equal terms. . . .
(5)We conclude that in the field of public
education . . . [s]eparate educational facilities
are inherently unequal. Therefore, we hold that the plaintiffs and
others similarly situated for whom the actions have been brought are . . .
deprived of equal protection.
11.
Which of the
following organizational schemes figures most prominently in the passage?
A.
B.
C.
D.
12.
Which of the
following sets of topics would best organize the information in the
selection?
A.
B.
C.
D.
13.
The selection
indicates that the plaintiffs referred to in paragraph 5 were
A.
B.
C.
D.
14.
In
paragraph 2, the phrase “post-War Amendments” refers to
A.
B.
C.
D.
15.
Use
of the term “reargument” in
paragraphs 1 and 2 suggests that
A.
B.
C.
D.
16.
According
to paragraph 3 of the selection, the Court determined
that it is not clear what impact Congress intended the
14th Amendment to have on public education because
A.
B.
C.
D.
17.
According
to the passage, a major difference between
conditions in 1868 and conditions in 1954 is
A.
B.
C.
D.
18.
The Court states that separate
educational facilities are unconstitutional
because they are
A.
B.
C.
D.
19.
Paragraph 2 of the
passage states that people in 1868 either
supported or opposed the post-War
Amendments based on their
A.
B.
C.
D.
20.
In the second
paragraph, the authors express the opinion
that the historical context in which
the 14th Amendment was passed
A.
B.
C.
D.
ANSWER KEY
11.
Which of the
following organizational schemes
figures most prominently in the
passage?
A.
B.
C.
D.
Explanation:
Throughout, the
passage contrasts social conditions in
1868 with conditions in 1954, when the
opinion was written.
Section:
ACT Reading Test
Subsection:
Inference
12.
Which of the
following sets of topics would best
organize the information in the
selection?
A.
B.
C.
D.
Explanation:
Choice C provides
the most complete and accurate
organization of the material in this
selection. The other choices
contain information that is addressed
only briefly, or not at all, in the
selection.
Section:
ACT Reading Test
Subsection:
Main Idea
13.
The selection
indicates that the plaintiffs referred
to in paragraph 5 were
A.
B.
C.
D.
Explanation:
The passage
discusses the negative effect of
segregated schools on public school
students, which indicates that the plaintiffs
in the case were public school
students. There is nothing in the
selection to indicate that the
plaintiffs were either without
attorneys or public school teachers
(choice A and D).
The case is called Brown v. BoardofEducation; however, in
the context of paragraph 5, it is clear
that the plaintiffs are the winners of
the case and that public school
students, not board members (choice C),
prevailed in the case.
Section:
ACT Reading Test
Subsection:
Inference
14.
In paragraph 2,
the phrase “post-War Amendments” refers
to
A.
B.
C.
D.
Explanation:
Throughout the
passage, there is discussion of the
14th Amendment and its date is given as
1868. This suggests that the
phrase "post-War amendments"
refers to the 14th and other amendments
passed after the Civil War, choice D.
The other answer choices refer also to
constitutional amendments, but the
context indicates that these are not
the amendments being discussed in the
selection.
Section:
ACT Reading Test
Subsection:
Inference
15.
Use of the term “reargument” in
paragraphs 1 and 2 suggests that
A.
B.
C.
D.
Explanation:
The word “reargument”
indicates that the arguments were made
at least once before; therefore, choice
A
is correct. The
other answer choices contain
information that is not addressed in
the selection and are, therefore, too
specific to be accurate.
Section:
ACT Reading Test
Subsection:
Inference
16.
According to
paragraph 3 of the selection, the Court
determined that it is not clear what
impact Congress intended the 14th
Amendment to have on public education
because
A.
B.
C.
D.
Explanation:
Paragraph 3 deals
extensively with the state of public
education at the time the 14th
Amendment was passed; therefore, answer
B
is correct. The information
contained in choices A and
C
is not indicated by the
selection; nor does it appear that the
Court simply disagreed with Congress,
as stated in choice D.
Section:
ACT Reading Test
Subsection:
Specific Fact or Detail
17.
According to the
passage, a major difference between
conditions in 1868 and conditions in
1954 is
A.
B.
C.
D.
Explanation:
The main idea of
paragraph 4 is best expressed by option
D.
Essentially, a major difference between
1868 and 1954 is that public education
in 1954 is an important government
institution that is responsible not
only for educating but also for
socializing citizens.
Section:
ACT Reading Test
Subsection:
Specific Fact or Detail
18.
The Court states
that separate educational facilities
are unconstitutional because they are
A.
B.
C.
D.
Explanation:
The passage
clearly states in paragraph 5 that
separate educational facilities are
inherently unequal—that is, unequal by
their very nature.
Section:
ACT Reading Test
Subsection:
Specific Fact or Detail
19.
Paragraph 2 of the
passage states that people in 1868
either supported or opposed the
post-War Amendments based on their
A.
B.
C.
D.
Explanation:
The paragraph
states that those who agreed with the
underlying aims of the Amendments
supported them and that those who were
antagonistic to those aims opposed the Amendments.
Section:
ACT Reading Test
Subsection:
Specific Fact or Detail
20.
In the second
paragraph, the authors express the
opinion that the historical context in
which the 14th Amendment was passed
A.
B.
C.
D.
Explanation:
The authors
introduce "the circumstances
surrounding the adoption of the 14th
Amendment" and then go on to say
that the information is, at best,
"inconclusive." This
makes A the best
answer. The opinions offered in
choices B, C,
or D are not expressed as
opinions in paragraph 2. While
the facts referred to allow the reader
to infer D,
the authors do not express this as an
opinion.
