Judge Harlan 's Dissent : The Plessy Vs Plessy Case

There was no clarification on what race would be considered white or what would be considered black. During this incident, “Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act.”(Duignan 2017). Judge Ferguson ruled that the separation was fair and did not violate the fourteenth amendment. The state Supreme Court also backed up this decision. The case was brought to the Supreme Court and "The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th Amendments. By a 7-1 vote, the Court said that a state law that “implies merely a legal distinction” between the two races did not conflict with the 13th Amendment forbidding involuntary servitude, nor did it tend to reestablish such a condition." (History.com Staff 2009). This decision set the key precedent of Separate but Equal in the United States. Racial segregation kept growing.

Plessy v. Ferguson , a very important case of 1896 in which the Supreme Court of the United States upheld the legality of racial segregation. At the time of the ruling, segregation between blacks and whites already existed in most schools, restaurants, and other public facilities in the American South. In the Plessy decision, the Supreme Court ruled that such segregation did not violate the 14th Amendment of the Constitution of the United States. This amendment provides equal protection of the law to all U.S. citizens, regardless of race. The court ruled in Plessy that racial segregation was legal as long as the separate facilities for blacks and whites were “equal.”

“The United States emerged from a virulent, intense, and inhumane civil war and evolved into a new nation during this period. This transition was the culmination of political, economic, social, and cultural movements which transformed the nation. E Pluribus Unum - out of many United States, one nation; the United States was forged in the cauldron of these revolutions."     -Arnold Toynbee, A Study of History

The case “Plessy v. Ferguson” was a test of a Louisiana law’s constitutionality. It took 50 years to realize it, but the constitutionally and morally right way was to end segregation. This case was never about Plessy not being able to ride on a white only car on a train headed to Covington, Louisiana. It was about a group of black citizens trying to stop segregation from ever

America: “The land of the free, and the home of the brave” (Key 7-8). When our forefathers overcame the colonial reign of the British Empire, they formed the United States of America based on the premise of enlightened ideals promoting life, ownership of land, and liberty. But after the revolution, the country’s problems were far from solved. The country’s post-revolution issues sparked a Civil War, which was followed by a reconstruction. In some ways, the Civil War and Reconstruction helped the United States accomplish its original goals, but in many ways, that was not the case.

The Fourteenth Amendment to the United States Constitution is commonly regarded as a major victory against racism that further advanced democracy in America. Adopted on July 9, 1868, it attempted to transform the oppressive culture of the Confederacy by granting citizenship rights to all people born or naturalized in the United States and affording equal protection under the law to all U.S. citizens. Nonetheless, in spite of aiming to put an end to discrimination against African-Americans and other minority groups, this important amendment did not entirely succeed in eradicating racism during the Reconstruction era.

One of the most historic cases in Supreme Court history is the Plessy v. Ferguson case of 1896. Plessy v. Ferguson was a trial that ruled segregation as legal, as long as separate, equal facilities were provided for both races. After the Reconstruction era had dispersed, the Jim Crow laws appeared. The Separate Car Act was one of the Jim Crow laws enacted upon by the Louisiana State Legislature. This law stated that blacks and whites

In 1896 the U.S. Supreme Court case upheld the constitution of segregation under the “separate but equal” doctrine in the Plessy vs. Ferguson case. This case examined one key issue, was it constitutional to make black people sit in separate cars from white people? In 1890, Homer Plessy broke the law in Louisiana, by sitting in the white people car and he was 1/8 black and 7/8 white. The state of Louisiana passed the Separate Car Act, which required railway companies to have "separate but equal." There was punishment for not following the law which if a person would sit in the wrong car they had to pay $25 fine or go to jail for 20 days. Plessy was asked to move, but he refused and was arrested. When he was sent to jail he argued that Separated car acts violated the 14th amendment. Plessy took his case to the U.S. Supreme Court and it was

“…The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guarantied by the supreme law of the land are involved.” ― John Marshall Harlan the “Great Dissenter” Justice Harlan was the single dissenter that believed the Seperate but equal doctrine was unconstitutional and that the segregation of people because of their race was contradictory to the law. The Supreme Court’s

Associate Justice John Marshall Harlan, the lone vote against the ruling, gave the dissenting opinion of the court. Harlan “insisted that the court had ignored the obvious purpose of the Separate Car Act, which was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. Because it presupposed—and was universally understood to presuppose—the inferiority of African Americans, the act imposed a badge of servitude upon them in violation of the Thirteenth Amendment.” (Duignan). He also stated, “The sure guaranty of the peace and security of each race is the clear, distinct, unconditional recognition by our governments, national and state, of every right that inheres in civil freedom, and of the equality before the law of all citizens of the United States, without regard to race. State enactments regulating the enjoyment of civil rights upon the basis of race, and cunningly devised to defeat legitimate results of the war, under the pretense of recognizing equality of rights, can have no other result than to render permanent peace impossible, and to keep alive a conflict of races, the continuance of which must do harm to all concerned” (Quotes from Plessy v. Fergusun). Harlan further explained what the constitution says by stating “Our Constitution is colorblind, and neither knows nor tolerates classes among citizens. In

In 1892, Homer Plessy was a passenger in a railroad and who refused to sit in a Jim Crow car. He brought before Judge John H. Ferguson of the Criminal Court from New Orleans, who upheld the state law. The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th Amendments. Although, the Supreme Court had ruled in 1896, Plessy v Ferguson inculcated the “separate but equal” doctrine and passed laws entailing the segregation of races, arguing that Jim Crow laws were constitutional. The case was devastating for African Americans allowing the oppression of an entire race. The Supreme Court system in practice was separate and unequal;

Plessy v. Ferguson- In the 1892 case of Plessy v Ferguson, Separate Car Act was challenged when Homer Plessy of mixed race sat in a railcar designated for white passengers. Louisiana’s Separate Car Act of 1890 required railroads to designate cars for both black and white passengers. Plessy was arrested for refusing to move to a car designated for blacks and charged in violation of this act. District Judge John Ferguson ruled the Separate Car Act was unconstitutional.

The Supreme Court’s ruling did not take into account the majority opinion in Plessy versus Ferguson. Had it done so, the outcome would have been quite different. In the case of Plessy versus Ferguson, it was clear that there was some bias. Not only did it restore white supremacy but it violated the Fourteenth Amendment as well. This is because black facilities were undoubtedly unequal to those of the whites for that the white facilities were made with more quality, to say the least. Many whites were elated when the separate but equal facilities’ ruling was put into effect. For them, it was another moment to prove that the blacks were inferior. Though Kansas is not a southern state, members of the Supreme Court knew that many racists were going to be upset had the plaintiffs won. However, they did not let that hinder the outcome of the case. Because they knew what was right is right and what is wrong is wrong, the Supreme Court ruled in favor of the plaintiffs. The opinion was that, “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…” They go on to say, “Does segregation of children in public schools solely on the basis of race… deprive the children of the minority group of equal educational opportunities? We believe that it does.” They go on to explain that to separate others solely because of race places a sense of

In early civil rights arguments, the U.S. Supreme Court heard the 1896 case of Plessy v. Ferguson. Plessy was only 1/8th black and arrested for sitting in the “White” car of the East Louisiana Railroad. The decision was six to one upholding the Separate Car Act. The Plessy decision was the deciding factor that as long as the amenities were equal for blacks and whites, “separate but equal” was constitutional (Cozzens, 1999).

The Supreme Court, in a 7-1 decision, favored Ferguson. The majority rejected Plessy’s argument about violating his 13th and 14th Amendment rights. Plessy’s 14th Amendment argument was rejected because the Supreme Court states that races could be separate and equal to each other. This set a precedent stating that separate but equal was lawful and constitutional. Justice Henry Brown wrote the majority opinion, which rejected Plessy’s argument that the Louisiana law conflicted with