What Is The Difference Between Plessy Vs. Ferguson And Brown V. Bored Of Education

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.”

Everyone has the right to be equal with one another, right? Well not In the two cases, "Plessy V. Ferguson" and "Brown v. Board of Education", they show that we are not equal, but how we can fix these issues. These cases show that we are getting closer to complete equality.

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 1951 schools were separated by skin color, or segregated. The Brown v. Board of Education trial was brought to court because a third-grader, Linda Brown, was not allowed to attend the elementary school that was closest to her house. She wa required to take the bus to school across town instead. In the trial the point that “Education for Negroes is almost nonexistent(13).” This is an example of how there were old problems in the Fourteenth Amendment that needed to be changed. Another issue that was brought up in the trial was that, “Segregation… has a tendency to retard the educational and mental development of negro children…(19).” Without the proper education at segregated

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.

In 1896 the United States Supreme Court ruled that it was constitutionally legal to segregate African Americans with their white counterparts. In the court case of Plessy v. Ferguson an African American man in Louisiana named Homer Plessy refused to follow the mandated Jim Crow laws which enforced that African Americans have to sit in a designated area when riding on a train. Plessy argued that his fourteenth amendment right was violated equal-protection clause, which “prohibits the states from denying “equal protection of the laws” to any person within their jurisdictions”(Duignan, 2016). However, when Plessy’s case moved to the Supreme Court they ruled“ the object of the Fourteenth Amendment was to create "absolute equality of the two races before the law," such equality extended only so far as political and civil rights (e.g., voting and serving on juries), not "social rights" (e.g., sitting in a railway car one chooses) (McBride, n.d. ). As a result, Plessy v. Ferguson

Throughout the first half of the Twentieth Century, American statutes and judicial precedents operated to preserve advantages of the white citizens of the country. In 1954 the Supreme Court, made a profound decision in Brown vs. Board of Education of Topeka, which brought about a fundamental change in the legal and racial organization of American society. Mr. Oliver L. Brown’s attorneys convinced the justices to overturn the precedent in Plessy v. Ferguson, in order to permit Mr. Brown’s daughter Linda to attend a white elementary school that was seven blocks from her home instead of going ten blocks to get on a bus to go to a segregated elementary school. This unanimous decision swept aside the legal principle of Plessy v. Ferguson (1896)

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

The Plessey ruling truly embodied the overarching racial attitudes of the Southern United States in the Post-Reconstruction era. With the ratification of the 13th, 14th, and 15th Amendments slavery had been abolished and Constitutional precedents were established that would seemingly pave the way for Americans of all races to begin to achieve equality. It is stated in the 14th that all citizens shall not have their basic civil rights infringed upon without due process of the law, and it is also stated that all citizens are guaranteed equal protection under the law. At first view, such measures should have eliminated official racist practices, yet racism prevalent throughout the United States and blacks were still considered to be inferior to whites. Many Americans, especially in the South, sought to continue current racist practices. Yet state segregation laws and other official racist practices needed a strong legal backing, and the Plessey decision provided exactly that. By establishing that segregation would be allowed if conditions were “separate but equal” whites throughout the country were given the precedent they needed to ensure blacks remained inferior. Although the decision claims that “equality”

According to the Court, the Fourteenth Amendment was only concerned with legal, not social, equality.” Justice John Marshall Harlan was the only man who was in favor for Plessy. Harlan thought it was unconstitutional and believed segregation had the effect of creating classes. As used the same article, according to Harlan, “These laws promoted and perpetuated the belief that African Americans were inferior to whites.”

The 13th stated, “Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been dully convicted, shall exist within the United states, or any place subject to their jurisdiction.” And the 14th also states, “All persons born or naturalized in the United States...are citizens of the United States… Every citizen is counted as a full person.” But yet eight of the nine justices weren’t convinced and the ruling remained guilty. One of the justices, named Henry Brown, stated the law was founded in the color of the two races, and distinction among the two would always be there.

1. Plessy v. Ferguson, Guinn v. United States, Buchanan v. Worley all dealt with the Jim Crow laws or Seperate but equal legislation. The Jim Crow laws were laws written to separate blacks and whites in public areas/meant African Americans had unequal opportunities in housing, work, education, and government. Seperate but Equal legislation was the judicial precedent established by in the Plessy v Ferguson decision that enabled states to interpret the equal protection provision of the fourteenth amendment as a means of establishing segregation. The blacks tried to take action to reduce the Jim Crow laws by trying to make life better. They developed universities, churches, political appointments and jobs.

The issue that was being argued in the plessy vs ferguson case was Can the states constitutionally enact legislation requiring persons of different races to use “separate but equal” segregated facilities? The state of louisiana

The Brown v. Education was a case that stands out in history due to its precedent of how “separate but equal” which violated the 13th and 14th amendment. “ Separate but equal” was created by the Plessy v. Ferguson case.What began this case dates back to 1890, where in Louisiana a law was passed called the Separate Car Act. In this act railway companies must have separate but equal railway cars for white and non-white passengers. If any passenger should sit in the wrong railway car they would be fined $25 or be thrown in jail for 20 days. In 1982, Homer Plessy, who was one-eighths black and seventh-eighths white, bought himself a first-class ticket and sat in a whites only car. He was asked to give up his seat but he refused and was sentence