The Case Of Plessy V. Ferguson

1026 words - 4 pages

Background Summary1. Homer Plessy violated the Separate Car Act. This act provides separate but equal passenger coaches for blacks and whites. Plessy, who was one eighth black, violated this law by sitting in a compartment designated for whites.2. The Thirteenth Amendment provides that no slavery or involuntary servitude shall exist in the United States, unless as a sentenced punishment for a crime. The fourteenth amendment guarantees people born in the United States citizenship, and that all states must recognize them as citizens and grant them all rights given to citizens.3. The Separate Car Act violates the 13th Amendment because the 13th Amendment prevents the imposition of any disabilities that constitute badges of slavery or servitude. The Separate Car Act violates the 14th Amendment because the 14th Amendment provides that no state can deprive a person of life, liberty, or property without due process of law. This Act infringes on one's personal liberty to travel in whichever car one chooses without due process of law.4. Ferguson could legally justify his decision of the law's constitutionality in a single state but unconstitutional if the train traveled thru many states because it is a state's responsibility to decide how they handle their railroads, and that one state doesn't have the right to infringe on another state's rights.5.Separation by race and equality are incompatible. For example, in the case of education. Separation alone implies a sense of inferiority of one race to the superiority of another. Although the physical factors may be equal in a white school and a black school, the segregation and the inequality it implies can severely damage the mind of a student.6.An example of separation that does not mean inequality is separate bathrooms for men and women.Majority Opinion1.The justices state that the object of the fourteenth amendment is to establish equality before the law but not social equality.2.Political equality can be achieved through equal rights before the law, and it can be constitutionally protected. But social equality, as the voluntary commingling between races, cannot be forced upon the people of the US. But one cannot exist without the other. Without social equality there will always be bias which will infringe on the political equality of citizens.3.Within the statement ""legislation is powerless to eradicate racial instincts or abolish distinctions based upon physical differences" the government shows that it is the belief of the country that there will always be racial tensions and that equality or unity between races will never be eradicated because it is the natural order of things.4.Although the decision states that they cannot overcome social prejudices and create social equality, they can reinforce such prejudices' existence. By segregating the two races in most manners of public life, the government is enforcing a distinction between the races; they are supporting the idea that one race is not worthy...

Find Another Essay On The Case of Plessy v. Ferguson

The case of Mitchell v. Wisconsin

2986 words - 12 pages generally been interpreted to protect the thoughts, as well as thespeech, of an individual (Cacas, 338). According to the Court'smajority opinion in Wooley v. Maynard, a 1977 case, "At the heart ofthe First Amendment is the notion that an individual should be free tobelieve as he will, and that in a free society one's beliefs should beshaped by his mind and his conscience rather than coerced by thestate."Another componet of Mitchell's First

Abortion: The Case of Rove v. Wade

1180 words - 5 pages It’s been a major social issue since the 1970’s and the case of Roe v. Wade. Over the years, abortion has been argued from both standpoints, for the unborn babies and against the denying of women’s rights to control their own bodies. Though some say it should be legal, the act of abortion should be illegal because the process can be considered murder, people take advantage of the option and abuse the system, and it can be a health risk to a

The landmark case of Marbury v. Madison.

590 words - 2 pages The decision in this case took two weeks to decide weather Marbury was allowed to receive commission from Madison. It was a unanimous decision of 4-0.The chief justice finally decided that Marbury had a legal right to receive the commission. However, when Marbury requested for a court to order Madison to deliver his commission it was rejected. The reason for this is the Judiciary Act of 1789, which states that if the Supreme Court issues a writ

Analysis of the Brown v Board of Education Case

3216 words - 13 pages arrested for violating the Jim Crow laws. He cited the Fourteenth Amendment, providing that the Louisiana law was unconstitutional. The fight ended in the Supreme Court where Plessy lost the suit (Ackerman & Balkin, 2002). This essay will critically discuss the case of Brown v Board of Education. The essay will assess the correctness of the outcome of the case and justification of the theoretical ideas looked at during the course of the decision

The Supreme Court case of Reno v. ACLU

549 words - 2 pages consequences of this right endanger millions of Internet users on a daily basis. If the CDA had been passed, online predators and harassers would not be as protected, and many deaths, rapes, and fights could have been prevented.ACLU. "Your Constitutional Rights." Aclumontana.org. Web. 4 Oct. 2009. .Cyber Rights and Cyber Liberties. "Materials Related to the American Civil Liberties Union v Reno Case." Cyber-rights.org. 29 June 1997. Web. 4 Oct. 2009. .Enerything2. "Reno v. ACLU." Everything2.com. Web. 4 Oct. 2009. .Learning To Give, Steve Germani. "Freedom of Speech." Learningtogive.org. Web. 4 Oct. 2009. .

The Arizona v. Fulminante Case

1769 words - 7 pages his stepdaughter, Jeneane Fulminante, the trial court used his confession as evidence to sentence him to death. However, since his confession was “coerced”, the Supreme Court decided to retry Fulminante’s case without the use of the “coerced” confession as evidence. Arizona v. Fulminante manifests an undeniably vital constitutional issue. Were his confessions coerced and, therefore, inadmissible as evidence (Appleby 119)? Did the trial court

The Court Case that Changed the World: Brown v. Board of Education

1369 words - 6 pages accepted norms of society. Brown v. Board of Education is one of the most important court cases in American history. In a time where segregation was the law and discrimination faced the lives of African Americans on a daily basis, Brown v. Board of Education leveled the playing field. The decision made in Plessy v. Ferguson, segregation, discrimination along with a broken school system were all causes which resulted in the landmark case that is now a

Case of Canada v Bedford Analysis

2023 words - 8 pages In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of

Case Analysis of US v. Emerson

2851 words - 11 pages Case Analysis of US v. Emerson This case deals with the Defendant's possession of a firearm while under a restraining order, and the charges incurred by the Defendant for such firearm possession. Under Texas law, the possession of a firearm by Mr. Emerson creates a perceivable threat to members of his family, thus creating a violation of the restraining order against him. Apparently common practice in Texas, the restraining order was filed

This essay explores the case of Brown v. BOE of Topeka, Kansas

2076 words - 8 pages and disregarded his Fourteenth Amendment rights to equal protections of the laws (Price)."On May 18, 1896, the Court ruled in the case of Plessy v. Ferguson. By 7 to 1 with one abstention, the decision went against Plessy" (Price). This was a huge setback for civil rights as a whole at the time. The judges found that state segregation laws did not brand African Americans with a mark of inferiority. As a matter of fact, the judges noted that as

Furman v. Georgia: The Death Penalty Case

2166 words - 9 pages finished their report an awaited the case. Both attorneys thought that this case would not be a long one. They thought that the final decision of Furman v. Georgia would be decided at the Georgia Supreme Court. They were wrong. “The Georgia Supreme Court affirmed Furman's conviction and death sentence on 24 April 1969, but on 3 May 1969 Chief Justice W. H. Duckworth stayed the execution so that Furman could file a petition with the U.S. Supreme Court

Similar Essays

Plessy V. Ferguson Essay

1348 words - 5 pages “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.” Said Justice John Marshall Harlan in the case of Plessy v. Ferguson. (“Oyez, Oyez, Oh Yay!”) In 1890 Louisiana surprisingly got the ability to pass a law called the Separate Car Act that said that all railroad companies that carried passengers must provide separate but equal services for both white and non-white passengers. (“Landmark Cases”) The penalty

Plessy V. Ferguson And Brown V. Board Of Education

1885 words - 8 pages when they begin to start crumbling away. Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) are both major turning points in their civil rights issues, as well as their history and ramifications. Both have had a lasting significance on American law and politics.The ruling in Brown is directly related to the ruling in Plessy v. Ferguson (1896). Although segregation and discrimination were commonplace during that era, the ruling of

Plessy V. Ferguson To Brown V. Board Of Education: The Road To Integrated School Systems

1020 words - 4 pages In 1986, the Plessy v. Ferguson Supreme Court case established that there could be separate butequal facilities for blacks and whites, giving support to Jim Crow laws. The Supreme Court didnot begin to reverse Plessy until the Brown v. Board of Education Supreme Court case 58 yearslater, which established that segregating blacks and whites was unconstitutional and that separatecould never be equal.After the period of reconstruction following the

Plessy Vs. Ferguson: A Case For Desegregation

1492 words - 6 pages not intended to give African Americans social equality but only political and civil equality with white people” (“Plessy v. Ferguson (1896)”). This resolution had a lasting impact on America and all of its citizens. This is very well shown in the book Savage Inequalities written by Jonathan Kozol where Plessy is mentioned multiple times in discussing the inequalities in our nation’s education system. The case of Plessy vs. Ferguson not only