Supreme Mistakes: Blunders from the High Bench (Rough Draft Version)
Atop twenty-four Corinthian columns at One First Street in Washington, D.C., lie a promise to our nation, four words: “equal justice under law”. These words, abundant with virtuous intentions, are the parameters of jurisprudence that the Supreme Court must apply when considering its cases. A founding principle of this nation, seen in documents as early as the Declaration of Independence, and affirmed through the Equal Protection clause of the Constitution and the Thirteenth, Fourteenth, Fifteenth and Nineteenth Amendments thereto, promotes the idea of equality in justice and blindness to the individuality of the litigant. This idea is central not only as a function
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Thus, the argument that the “lamentable times” led to the “lamentable decisions” (Lain, 1023) is largely invalid against these considerations.
A chiefly odious ruling was written in the case of Plessy v. Ferguson. Argued before the Court in 1896 and ultimately overruled by Brown v. Board of Education in 1954, the Court, heard the case of a man named Plessy. One-eighths black, Plessy boarded a white-only car only which resulted in his arrest and jailing for violating of discriminatory segregationist statutes. The Court, under Justice Henry Billings Brown’s majority opinion, affirmed these segregationist policies establishing the infamous ‘separate but equal’ doctrine. As history would prove, the accommodations made for nonwhite Americans in many cases failed to even approach the threshold of equal. Plessy v. Ferguson stands in direct conflict with the promise of “equal justice under law”. With such a narrow interpretation of the Thirteenth and Fourteenth Amendments, which in part provided for equal protection under law, the Court yielded great deference to a harsh sociopolitical environment, ultimately sanctioning the segregation that would defile the American dream for many years, until Brown v. Board. The only dissenter in this case, Chief Justice John Harlan’s now-canonic phrase “our Constitution is color-blind,” (Hutchison, 427) reminds us that, contrary to the idea of the majority in this
In order to show how the “separate but equal” doctrine came to be, as a class we created a mock trial of the Plessy v. Ferguson case. The idea of separate but equal allowed states to segregate black and white people through public services and accommodations for over 60 years. Despite this idea of equality in the doctrine, many people took advantage of it, as it gave both black and white people an influence on whether they were inferior or superior.
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 Supreme Court case Plessy v. Ferguson is known for having established the precedent of “separate but equal.” The case originated in Louisiana and was specifically made to the separate passenger cars that were for the black and white races. The Supreme Court, in this case, upheld the right of Louisiana to separate the races and “this decision provided the legal foundation to justify many other actions by state and local governments to socially separate blacks and whites” (Zimmerman, 1997). It was not until the famous Brown v. Board of Education case in 1954 that the highest court in the land outlawed the principal of segregation and the concept of “separate but equal.”
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
Ferguson case of 1896 in which the Supreme Court upheld the legality of racial segregation. At the time of the case, segregation between blacks and whites already existed in most schools, restaurants and other public facilities. In the Plessy v. Ferguson case, the Supreme Court that such of a segregation did not violate the 14th Amendment of the Constitution of the United States. The 14th Amendment provided equal protection of law to all U.S. citizens regardless of the citizens race. The court ruled that the Plessy v. Ferguson case was legal as long as black and whites were equal. After this law came to be, public schools, public transportation and other public facilities were made separate; but they never had made these places equal. Equality represents what the United States stands for. We the people work together in marches, protests to oppose discrimination on the basis of race and gender. The Sacco and Vanzetti case showed the world that the how justice system in the United States really was. Sacco and Vanzetti received an unfair trial and were sentenced to death, not due to the evidence being presented, but due to their political beliefs and ethnic backgrounds. As Americans, we tend to be afraid of what happens and due to these fears we forget about what it truly means to be an American. This is the world we live in and quite some times, things are unfair; it’s the way the world
African Americans were never treated the same as other Americans. One day a black man who looked white named Homer Plessy got sick of sitting in a Jim Crow car so he decided to purchase a first class ticket in the white’s only section on the train. Plessy told the conductor that he was 1/8 black and he refused to move from the car. Removed from the train Plessy was in jail overnight and was released on a 500 dollar bond. Homer Plessy protested that his 13th and his 14th amendments rights were violated. This case became known as Plessy v. Ferguson. This case upheld the constitutionality of segregation under the “separate but equal” doctrine.
1) How did the majority opinion in the Supreme Court’s 1896 Plessy v. Ferguson decision legally shape race
The intellectual roots of Plessy v. Ferguson, the landmark United States Supreme Court decision upholding the constitutionality of racial segregation in 1896 under the doctrine of "separate but equal" were, in part, tied to the scientific racism of the era.[32][33] However, the popular support for the decision was more likely a result of the racist beliefs held by many whites at the time.[34] In deciding Brown v. Board of Education, the Supreme Court rejected the ideas of scientific racists about the need for segregation, especially in schools. The Court buttressed its holding by citing (in footnote 11) social science research about the harms to black children caused by segregated schools.
In the history of the United States Supreme Court, there are a multitude of cases that have left an indelible mark in the tapestry of American history, culture, and society. Among these landmark disputes may be found issues as divisive as reproductive health, fundamental economic freedoms, the power of the Supreme Court and, of course, race. Among these, Dred Scott v. Sanford occupies a special place. Often called as the “worst decision made by the Supreme Court”, Dred Scott v. Sanford provided an impetus for slavers to continue an injustice that had existed since the colonial era . By deciding the way it did, the United States Supreme Court also created a divide between the northern and southern states – a divide so great that it eventually led to the American Civil War. Such an enormous effect on the sentiment of the times warrants a closer look at the decisions of the justices involved in the Dred Scott decision. Doing so will also shed light into the intricate logic behind the justices’ decisions – essentially the reasons why they concurred or dissented from the main opinion written by Chief Justice Roger B. Taney. The process of interrogating the Supreme Court’s interpretation of the Constitution will also reveal the fundamental societal sentiment regarding slavery and African Americans at the time.
“It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never
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 the Plessy v. Ferguson case, the statute of Louisiana, acts of 1890, c. 111 requires train companies to provide separate but equal usage for colored and white races. Plessy was a resident in the state of Louisiana which he was of mixed race as he was seven eighths caucasian and one eighth black. He tried to use the whites only train section and was arrested. Plessy then sued Louisiana State Supreme Justice, the Hon. John H. Ferguson for violating his 13th Amendment which prevents slavery and his 14th Amendment which is equal protection under US laws. (“Plessy v. Ferguson”, 1).
In previous history, the well known case of Plessy v. Ferguson had mandated “separate but equal” to be constitutional and went on to be the case for many years until May 17, 1954. In the Supreme Court case Brown v. Board of
A majority of people in America conjecture that because slavery has been overcome, complete equality has been reached in the United States. What they fail to recognize are the hardships faced by minorities in today’s society every day, yet discrimination is a persistent factor. The negative stigma placed on people of color first formed by the harsh language used present during slavery in the cases of Dred Scott v. Sandford (1857) and Plessy v. Ferguson (1896) assisting in the mortality gap between “blacks” and “whites”. However, what we neglect to recall are the stark reasons why inequality exists: the social roles of subordinates and dominates. By evaluating the exclusionary and dehumanizing language present in both Dred Scott v.
Many years ago, our country was founded on the fundamental belief that all men are created equal; later evolving into separate but equal, an idea found to be constitutionally impossible. Segregation in the US has been a slap in the face to many Americans over the course of time, but two key Supreme Court decisions led many to rewrite what is constitutional. Plessy v. Ferguson was the first case to make the Supreme Court question the true meaning of discrimination. About half a century later, a similar case arose declaring separate cannot possibly be equal. Brought together, the two have since been used as strongholds in the ongoing battle for equality.