separate railway cars for both colored and white persons. The act further went on to describe that these railway care are supposed to be equal but may be separate and that person of each color should sit in the designated car. Mr. Justice Brown went on to explain that the second section of the act describes the punishment for anyone who wishes to occupy a car that is not I their designated area, those punishments are either a fine of $25 or could lead to imprisonment for no more than 20 days. The driver also has the power to deny services to any person who does not follow these two sections and they will not be liable for damages in the courts. Justice Brown further stated that it is not able to be known that Plessy was 7/8 Caucasian so based on his appearances he was directed to the colored car and that was appropriate. …show more content…
The 14th amendment was not in conflict because that deals with someone being deprived of life, liberty, or property and equal protection in laws. Plessy was not deprived of life, liberty or property because it was a state law that separation was necessary constitutional. Touching on the fact that Plessy is 7/8 Caucasian Mr. Justice Brown states, “It is up to the state, some holding that any visible admixture of black blood stamps the person as belonging to the colored race, others that it depends upon the preponderance of blood, and still others that the predominance of white blood must only be in the proportion of three fourths.” After this court decision it enabled the foundation for Jim Crow laws to be put in place and stay there till mid
The Abbott case however didn't apply to intrastate commerce, travel that is entirely inside the borders of Louisiana, so Martimet and Tourgée began to look for yet another lighter skinned black to test the law. In the end they found Homer Plessy, a member of the citizens' committee that raised the money for the original case. Plessy walked into Press Street Depot on June 7, 1892 and bought a first class ticket to Covington, he boarded the East Louisiana Railroad train. As the train preceded to pull away a conductor approached Plessy and asked if he was a colored man. Plessy told the man he was and was asked to move to the colored car, but Plessy refused to do so.
Linda Brown was 7 years old when her father and 12 other families tried to enroll their children in the all white public school in their neighborhoods. Linda had to walk seven blocks in freezing weather and then take a bus for another two miles. Her trip to school took two hours even though there was a school only three blocks from her home. She was sad and confused that she couldn't go to school with the other kids in her predominantly white neighborhood. Linda's father was a minister and leader in his community.
Notаbly absent from the opinion, as it was in Plessy, is any citаtion to a Supreme Court cаse that considered whether the prаctice of segregating schools was a violation of the Fourteenth Аmendment. It was an open question for the Court. The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."
The Brown decision reversed the separate but equal doctrine established by the Plessy decision. Forming the 14th amendment guaranteeing equal protection under the law, and the Court ruled that separate facilities based on race was unequal. This law and the Brown case were significant when fighting the rights of Hernandez because it labeled Mexican Americans as minority
The Court declined his argument. The Court determined that the segregated schools were considerably equal enough under the Plessy doctrine. It wasn 't until the mid twentieth century when Brown v Board of Education came into play that Plessy’s argument was given the okay by the constitution. The Court tried to use Plessy v. Ferguson to deny the argument that Oliver Brown was giving during the Brown v. Board of Education case. Once the Courts decided that separating children by race could have an overall affect on the black children 's ability to learn.
During the mid-to-late-1900s, there was a lot of controversy surrounding race. Although slavery had been abolished around a century ago, many people still did not treat African Americans as equals. Even the supreme court had declared that white people and black people should remain “separate but equal”, in their landmark case Plessy Vs Ferguson (“Separate but Equal - Separate Is Not Equal.”, n.d.). The “separate but equal” doctrine meant that African Americans were to be given separate facilities and opportunities from white people, given that they were equal to each other.
When Homer Adolph Plessy, who was one-eighth black, tested this law by taking a seat in the white-only section of a Louisiana Railway train, he was arrested. Plessy contended that the segregation law violated his rights under the Fourteenth Amendment (Newton, 2006). The case was appealed up to the U.S., Supreme Court in 1896. The Court ruled in a 7 – 1 vote upholding the Louisiana Statute, although associate justice John Marshall Harlan wrote a dissenting opinion. In his dissent, he wrote that “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens…
The year of 1965 the black community let out a collective victory cry. They had finally gotten the rights they fought hard for. They could at last vote, go to school and college, and got the working condition they deserve. They couldn 't have done it without Martin Luther King Jr., but there were a slew of cases that were tried and further assisted in opening the black community 's opportunity pool. They were well known cases, like the Plessy vs. Ferguson, Brown vs. Board of Education, and the Regents of the University vs. Bakke, all very influential cases in the fight for rights.
Ferguson was a case of the Supreme Court in 1892 after passenger Homer Plessy traveled on the Louisiana railroad and refused to sit in a car for blacks only. Homer Plessy was brought before Judge John H. Ferguson to a Criminal Court in New Orleans to be trailed for refusing to follow the state law of Louisiana “separate but equal.” Such conflict challenged the violation of the 13th and 14th amendment where they ensure equality for recently emancipated slaves. They stated, “Separate facilities for blacks and whites satisfied the Fourteenth Amendment so long as they were equal.” “In the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory to either.”
Brown claimed that Topeka’s school racial segregation violated the 14th Amendment and the Equal Protection Clause because the city’s black and white schools were not equal, and they never would be. The Equal Protection Clause is part of the 14th Amendment to the Constitution. The clause says
He stated that the Fourteenth Amendment was not intended to give African-Americans social equality but only political and civil equality with white people. Brown wrote that "legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and attempt to do so can only result in accentuating the difficulties of the present situation. " The court stated that segregation was legal and constitutional as long as "facilities were equal". Segregation remained after that for nearly sixty years.
For nearly a century, the United States was occupied by the racial segregation of black and white people. The constitutionality of this “separation of humans into racial or other ethnic groups in daily life” had not been decided until a deliberate provocation to the law was made. The goal of this test was to have a mulatto, someone of mixed blood, defy the segregated train car law and raise a dispute on the fairness of being categorized as colored or not. This test went down in history as Plessy v. Ferguson, a planned challenge to the law during a period ruled by Jim Crow laws and the idea of “separate but equal” without equality for African Americans. This challenge forced the Supreme Court to rule on the constitutionality of segregation, and in result of the case, caused the nation to have split opinions of support and
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The novel Passing of Nella Larsen held the historical and legal implications which can be seen through the judicial case of Homer Plessy who had one-eighth black and seven- eighths white. Plessy was forcibly jailed for sitting in the whites- only section on the railroad car in Louisiana. In 1896, at the Supreme Court, he argued that his black ancestry was insignificant and he was a white person by all definitions. The Supreme Court said that forcing Plessy to exclude from the whites section was against the Thirteenth and Fourteenth Amendments about equal protection. However, Judge John Howard Ferguson affirmed that treating all people equally did not paralleled with eliminating social distinction based on colors.
The 14th Amendment granted equal rights to everyone that was is standing in the property of the United States of America. This included, US citizens, previously freed slaves, immigrants and women. African American fought real hard to earn their equal rights, with the same case of the women. Having