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Importance of affirmative action
Plessy v ferguson case study
Plessy v ferguson case study
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Describe the Plessey v. Ferguson (1896) landmark Supreme Court case.
According to PBS’s record of landmark court cases, Plessey v. Ferguson was a case about a man who was one-eighth African American that purchased a first class ticket and sat in a white-only section. He was arrested and imprisoned. The case cited the Equal Right Clause of the Fourteenth Amendment that "any person within their jurisdiction the equal protection of the laws," The court ruled that the Fourteenth Amendment was referring to protecting civil and political rights such as serving on juries and voting, but not “social rights” such as sitting on a specific car on a train. Justice John Marshall was the only judge to dissent he said “"in view of the Constitution, in the eye of the law, there is
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in this country no superior, dominant, ruling class of citizen” The aftermath of the Plessey v. Ferguson decision was it allowed public segregation. It wasn’t till 1954 that “separate, but equal” was overturned. McBride, Alex. "Plessy v. Ferguson (1896)." PBS. PBS, Dec. 2006. Web. 04 Nov. 2015. What is Affirmative Action?
According to Merriam Webster Afirmative Action is “an active effort to improve the employment or educational opportunities of members of minority groups and women”
"Affirmative Action." Def. 1. Merriam Webster. Merriam Webster, n.d. Web. 4 Nov. 2015.
Why did the House and the Senate create legislation for Affirmative Action?
According to the history channel legislation for affirmative action was created to make acts of discrimination illegal. The legislation in the 1964 Civil Rights act prohibited discrimination in employment to help create equal opportunities for members of minority groups. Racial groups were not they only groups protected as the legislation forbid discrimination for age, pregnancy, and disability as well.
"Civil Rights Act." History.com. A&E Television Networks, n.d. Web. 05 Nov. 2015.
What year was Affirmative Action developed and by whom?
Acording to Borgna Brunner and Beth Rowen, affirmative action was introduced as a term by President John F Kennedy. Due to Kennedy’s untimely death, Affirmative action was not implemented until the Johnson Administration.
Brunner, Borgna, and Beth Rowen. "Affirmative Action History."Infoplease. Infoplease, n.d. Web.
04 Nov. 2015. Describe the state of race relations during the 1940’s-1960’s time period? The history channel website records that race relations in the 1940’s-1960 were bad. Tension was high as violent white supremacy groups such as the Ku Klux Klan spread fear. Jim Crow laws increased segregation and discrimination. Jim Crow laws were used in an attempt to limit African American’s rights by enacting laws such as a poll tax and literacy tests. "Civil Rights Act." History.com. A&E Television Networks, n.d. Web. 05 Nov. 2015. Who benefits from Affirmative Action? According to the North Carolina State University handbook on Affirmative Action, everyone benefits from Affirmative Action. Affirmative Action gives everyone the opportunity for promotions and equal access to jobs. “Affirmative action expands the talent pool for jobs and creates a more diverse work environment.” "Who Benefits from Affirmative Action Policies?" NC State University Affirmative Action in Employment Training. NC State, n.d. Web. 05 Nov. 2015. Who is Alan Bakke (1978) and why is he significant to Affirmative Action? Acording to Cornell University’s law database Alan Blakke was a student that wished to attend The University of California, Davis. He was rejected despite having superior test score than some of the students that were accepted. Blakke argued it violated title VI of the Civil Rights Act. The court ruled in a 5-4 decision that Blakke be admitted to the University and the school’s quota system violated the Fourteenth Amendment. However, Blakke is significant to Affirmative Action because the court said race can be a contributing factor in admissions it just can’t be the only factor. "Regents of the Uni v. of Cal. v. Bakke." LII / Legal Information Institute. N.p., n.d. Web. 05 Nov. 2015. What is the difference between Affirmative action and quotas? According to the University of California Berkley the difference between Affirmative Action and a quota is that Affirmative Action is a goal target to strive for in recruiting employees while a quota is inflexible. "What's the Difference between an Affirmative Action Goal and a Quota? Does the University of California Have a Quota System?" What's the Difference between an Affirmative Action Goal and a Quota? Does the University of California Have a Quota System? N.p., n.d. Web. 05 Nov. 2015. Describe the state of race relations today (2015 and beyond) and your predictions for the future of race relations in the United States. Race relations in the United States is not yet where it should be. There still are discrimination and a lot of stereotypes that people still believe to be true. Neighborhoods are still divided by race through de facto segregation. I do think the United States will eventually become more of a melting pot where everyone lives together and less of a salad bowl. What is the current status of Affirmative Action in Michigan; will ending Affirmative Action eliminate racism, discrimination, and prejudice in the workplace, educational area or in our personal lives? Explain your answer. According to CNN’s report, the Supreme Court has decided that a Michigan law banning Affirmative Action was constitutional. The law doesn’t just effect school admissions, but also hiring in the workplace. “The Michigan ban also prohibits the state from considering race and gender in public hiring and public contracting decisions.” Mears, Bill. "Michigan's Ban on Affirmative Action Upheld by Supreme Court - CNN.com." CNN. Cable News Network, 23 Apr. 2014. Web. 05 Nov. 2015. What is your stand on Affirmative Action? My stand on Affirmative Action is that it is overall a good thing. I think it is important that laws are in place to insure there is a level playing field. Affirmative Action protects all groups from discrimination. I also think it is important in colleges to have Affirmative Action in place because diversity in schools is important. It’s common in colleges to accept students whose parents also attended the university. That sort of legacy can never begin in the first place if their parents had been rejected to the school from discrimination.
In 1896, the Supreme Court was introduced with a case that not only tested both levels of government, state and federal, but also helped further establish a precedent that it was built off of. This court case is commonly known as the case that confirmed the doctrine “separate but equal”. This doctrine is a crucial part of our Constitution and more importantly, our history. This court case involved the analysis of amendments, laws, and divisions of power. Plessy v. Ferguson was a significant court case in U.S history because it was shaped by federalism and precedent, which were two key components that were further established and clarified as a result of the Supreme Court’s final decision.
The Plessy v Ferguson case would be overturned, ruling the “separate but equal” law to be unconstitutional. Melba Beals was in school that day and was sent home early with the warning to hurry and stay in groups. Even so, it had been decades since the passing of the Fourteenth Amendment. No much had changed. Melba’s teacher knew that this ruling would cause rage among the citizens of Little Rock and she was right.
The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years.
Throughout American History, many minorities have fallen victim to cruel discrimination and inequality, African Americans were one of such minorities that greatly suffered from the white majority’s upper hand. After the end of the Civil War and the Reconstruction period following it, many people, especially the Southern population, were extremely against African Americans obtaining equal rights in the American society. Due to this, these opponents did everything in their power to limit and even fully strip African Americans of their rights. The Supreme Court case of Plessy v Ferguson in 1896 is an excellent example of the obstacles put forth by the white population against their black counterparts in their long and arduous fight for civil liberty and equality. Even though the court upheld the discriminatory Louisiana law with an 8-1 decision, John Marshall Harlan’s dissent in the case played a significant role in the history of the United States for it predicted all the injustice African Americans would be forced to undergo for many more years, mainly due to this landmark decision.
Plessy v. Ferguson was the first major inquiry into the meaning of the Fourteenth Amendment’s equal-protection clause, which prohibits states from denying equal protection of the laws to any person within their jurisdictions. Although the majority opinion did not contain the phrase separate but equal, it gave constitutional sanction to laws designed to achieve racial segregation by means of separate and supposedly equal public facilities and services for African Americans and whites. It served as a controlling judicial precedent until it was overturned by the ...
The court case of Plessy vs. Ferguson created nationwide controversy in the United States due to the fact that its outcome would ultimately affect every citizen of our country. On Tuesday, June 7th, 1892, Mr. Homer Plessy purchased a first class ticket on the East Louisiana Railroad for a trip from New Orleans to Covington. He then entered a passenger car and took a vacant seat in a coach where white passengers were also sitting. There was another coach assigned to people who weren’t of the white race, but this railroad was a common carrier and was not authorized to discriminate passengers based off of their race. (“Plessy vs. Ferguson, syllabus”).Mr. Plessy was a “Creole of Color”, a person who traces their heritage back to some of the Caribbean, French, and Spanish who settled into Louisiana before it was part of the US (“The Rise and Fall of Jim Crow”). Even though Plessy was only one eighth African American, and could pass for a full white man, still he was threatened to be penalized and ejected from the train if he did not vacate to the non-white coach (“Plessy vs. Ferguson, syllabus). In ...
Because of the 13th and 14th Amendments freeing slaves and granting equal protection under the law grants Jon the same rights to ride the train as any other citizen. Santa Clara County v. Southern Public Railroad, Even though the case was not about the 14th Amendment, Justice Morrison Remick Waite made it so by arguing that corporations must comply with the 14th Amendment. Santa Clara County v. Southern Public Railroad, 118 U.S. 394 (1886). Plessy v. Ferguson, Homer Plessy sat in a whites-only train car, he was asked to move to the car reserved for blacks, because state law mandated segregation. The court held that segregation is not necessarily unlawful discrimination as long as the races are treated equally. The impact of Plessy was to relegate blacks to second-class citizenship. Plessy v. Ferguson, 163 U.S. 537 (1896). However, this is not equal
Ferguson trial was a court case about a black man by the name of Homer Adolph Plessy. He was arrested for refusing to not ride in the ‘colored’ railway coach. Plessy had enough of the segregation so he decided to sit up in the white coach. However, it didn’t go well for him and he was arrested. On February 23, 1869, the Louisiana legislature passed a law prohibiting segregation on public transportation. The Government used the term ‘separate but equal’ as an excuse for not letting the blacks sit up with the whites. The supreme court case of Plessy v. Ferguson upheld a ‘separate but equal’ doctrine. “Laws permitting, and even requiring, their separation in places where they are liable to be brought into contract do not necessarily imply the inferiority of either race to the other. (Plessy v. Ferguson). So the blacks and white were now equal, but they couldn’t be together. The government said that the everything was equal when the school that the black children were in had old textbooks when the white school had new textbooks. The blacks and whites were separate but not so much
Plessy vs Ferguson was a case in which it stated a precedent. In 1892, an African American named Homer Plessy did not give up his seat to a white man("HISTORY OF BROWN V. BOARD OF EDUCATION"). He then got arrested and taken to jail. Plessy than went to the Supreme Court to argue that his Fourteenth Amendment was violated. However, the Supreme Court ruled against Plessy and set the precedent that “separate but equal” is really equal("HISTORY OF BROWN V. BOARD OF EDUCATION") .
Even though laws like this undermined multiple amendments they were overlooked by the supreme court after the case of Plessy v. Ferguson. The Plessy v. Ferguson case happened when Homer Plessy sat deliberately in the white car after Louisiana passed their Separate Car Act. He was only ⅛ black but under Louisiana law that was enough to be legally black. The case went all the way to the Supreme Court and Plessy’s lawyer argued that the Separat...
The plessy v. ferguson cases as many might know was a case in which involved Plessy who according to the law he was black when in reality he was both. Plessy decided to seat in an all white section in a train when he was later arrested. In court although it was stated it violated the 13 and 14 amendment the judge different wise and stated his decision, separate but equal (its constitutional). Because I really didn’t agree with the decision it made it quite hard to find its premises. But according to the section from the book and from what I understood it stated that states may pass laws to allow police power, separate schools by race Is common and all laws must be reasonable. Moreover, although I disagree with it and believe the premises are weak I think it is valid because it’s from a professionals input. In other words, the premises had made sense back in the day. I think it is a sound argument because its premises seem verifiable, although the premises are much more ignorant they are supporting the conclusion.
Webster’s Collegiate Dictionary defines affirmative action as "an active effort to improve the employment or education opportunities of members of minority groups and women." Some of the other areas of emphasis are age, religion, and ethnic origin. I feel the same as the authors of the Encyclopedia of the American Constitution, when they said these laws were brought about because,
The issue of affirmative action has been a controversial one since its inception. The law was developed during the 1960’s as a result of the civil rights movement and the need to address injustices committed against minorities throughout the United States history. There were multiple attempts to correct the inequities between the majority and the various minorities including the 13, 14 and 15th Amendments. The Civil Rights Act of 1964 allowed for the creation of the Equal Employment Opportunity Commission (EEOC) to create rules to end discrimination. Affirmative action came into being with the executive order 11246 issued by President Johnson. The Civil Rights Act and President Johnson’s executive order have been updated throughout the years to address gender, disabilities, age and other characteristics that could be considered discriminatory.
The roots of affirmative action may be traced back to the early 1960’s, during the Civil Rights Movement. It was in 1961 that President John F. Kennedy issued an Executive Order that first introduced affirmative action. This order included an establishment that government contractors “take affirmative action to ensure that applicants are employed, and employees are treated fairly during employment, without regard to their race, creed, color, or national origin.” (University of California Irvine) Over the years, there have been many adjustments to affirmative action, but they all reiterated the same general idea. This idea is that there would be equal opportunity for all qualified persons, and to take positive actions in order to ensure there would be equal opportunity for all. (University of California Irvine) Affirmative action has been successful, it has increased the number of recruiting and screening practices by employers, raised employers’ inclination to hire denounced applicants, increased the number of minority or female applicants and employees, and it increased the likelihood that employers will provide training and evaluate the...
The history of affirmative action has its roots in the Civil Rights Act of 1964, and stems from the United States Supreme case of Brown vs. Board of Education of Topeka Kansas. In 1969, the department of Labor exposed widespread racial discrimination of the Construction Department so President Nixon decided to incorporate a system of "goals and timetables" that provided guidelines for companies to follow and comply with affirmative action regulations. Which brings us to today