Sunday, March 4, 2012

Plessy Vs Ferguson


Christopher Gibson
Josh Overton
Gabriel Moreno
Brayan Alvarado

Plessy Vs. Ferguson

            The aftermath of the US Supreme Court ruling favoring Ferguson over Plessy in 1896 upheld the constitutionality of state laws, like Jim Crow Laws, under the doctrine “separate but equal” (Divine, Robert A, Pg 223). For what has been manipulated since their adoption during the 1860’s, the said Amendments were once again misinterpreted to regulate civil rights of colored citizens and promote mental self preservation amongst white men of that time. The firm understanding and support provided by Associate Justice John Marshall Harlan (The lone dissenting opinion) confirmed that the “court ignored the obvious purpose of the Separate Car Act” (Encyclopedia Britannica) passed by Louisiana in 1890. The “act imposed a badge of servitude” upon African Americans based on enforcing segregated cars on trains which are equal in assembly, but “presuppose the inferiority of African Americans” (Encyclopedia Britannica). Adolph Plessy should not have been denied access or give up rights based on the existing constitution. This argues that the Louisiana act directly violated the 13th Amendment by enforcing second tier classes among citizens based on color, thus “imposing a badge of servitude” and verifying its unconstitutionality.

            Among the many view points and strategies used to bring light to the court was the 14th Amendment.  Adolph Plessy argued the state violated the “Equal Protection Clause” that should have overturned Louisiana’s ruling and abolished the segregation act in place. As stated in “America Past and Present” section 1 “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” also “nor deny to any person within its jurisdiction the equal protection of the laws” (Divine, Robert A, A-12). This suggests that all American born individuals are citizens of the United States; therefore, are protected by the constitution which is not prejudice. John Harlan believed the “constitution is color-blind and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law” (Encyclopedia Britannica). Based on the expressed mind set, John Harlan seemed to be a man well ahead of his time through logic and interpretation of the constitution. The constitution should not be manipulated leisurely to comfort the political majority of any generation, but instead acknowledged and practiced as guidelines for equality amongst all citizens no matter their color.



Works Cited:

Divine, Robert A. "Appendix" America Past and Present. Upper Saddle River, NJ:

Pearson Education/Longman, 2011. A-12.

Divine, Robert A. "Page 223" America Past and Present. Upper Saddle River, NJ:

Pearson Education/Longman, 2011. A-12.

“Plessy V. Ferguson.”  Encyclopedia Britannica. Encyclopedia Britannica Online,
                Encyclopedia Britannica Inc, 2012. Web.

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