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Comparison of plessy v ferguson
Plessy V. Ferguson Critical Analysis
Comparison of plessy v ferguson
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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. In Plessy v. Ferguson, the racial precedent of “separate …show more content…
Without an established set of powers, a government is unable to function. In Plessy v. Ferguson, the separation of powers between the state and the national government, also known as federalism, is directly assessed. Plessy claimed that the Louisiana law of requiring segregation on modes of transportation violated the 14th Amendment (Case Background). Under the U.S. Constitution, the 14th Amendment applies to all citizens in all states. Section 1 explains state powers and limits, while Section 5 explains that the overall power of this amendment is regulated by the national government (Document H). This differentiates between the two governments and explains that the national government is superior to state governments. In addition, the 10th Amendment states that the powers not given to the national government are given to the states (Document D). With this, various states passed Jim Crow laws which were laws that required racial segregation in public places (Case Background). However, these laws only created the separation between black citizens and white citizens, they did not treat the two races as unequal. This is where the flaw in Plessy’s argument comes into play. Plessy claimed that the state law violated the Constitution because the law did not treat him as equal. However, the doctrine of “separate but …show more content…
Ferguson was shaped by two key components of our system of government: precedent and federalism. Although the precedent, “separate but equal”, influenced the Supreme Court’s decision, this court case helped the formation and affirmation of the later established doctrine. Furthermore, this case required the assessment of federalism on a more complex level. The division of power between two governments was looked upon when the case was introduced with different laws put in place by different governments. In conclusion, two vital components, federalism and precedent, were used to constitute tradition and clarify the laws in place in the late 19th
Throughout history, segregation has always been a part of United States history. This is showed through the relationships between the blacks and whites, the whites had a master-slave relationship and the blacks had a slave-master relationship. And this is also true after the civil war, when the blacks attained rights! Even though they had obtained rights the whites were always one step above them and lead superiority over them continuously. This is true in the Supreme court case “Plessy v. Ferguson”. The Court case ruled that blacks and whites had to have separate facilities and it was only constitutional if the facilities were equal. this means that they also constituted that this was not a violation of the 13th and 14th amendment because they weren 't considered slaves and had “equal” facilities even though they were separate. Even if the Supreme court case “Plessy v. Ferguson” set the precedent that separate but equal was correct, I would disagree with that precedent, because they interpreted
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
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.
Cozzens, Lisa. "Plessy v. Ferguson." After the Civil War:. N.p., 17 Sept. 1999. Web. 23 Apr. 2014.
During the four decades following reconstruction, the position of the Negro in America steadily deteriorated. The hopes and aspirations of the freedmen for full citizenship rights were shattered after the federal government betrayed the Negro and restored white supremacist control to the South. Blacks were left at the mercy of ex-slaveholders and former Confederates, as the United States government adopted a laissez-faire policy regarding the “Negro problem” in the South. The era of Jim Crow brought to the American Negro disfranchisement, social, educational, and occupational discrimination, mass mob violence, murder, and lynching. Under a sort of peonage, black people were deprived of their civil and human rights and reduced to a status of quasi-slavery or “second-class” citizenship. Strict legal segregation of public facilities in the southern states was strengthened in 1896 by the Supreme Court’s decision in the Plessy vs. Ferguson case. Racists, northern and southern, proclaimed that the Negro was subhuman, barbaric, immoral, and innately inferior, physically and intellectually, to whites—totally incapable of functioning as an equal in white civilization.
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
They arrested Plessy, who claimed that the law violated his thirteenth and fourteenth amendment rights. When found guilty, he brought the case to the Louisiana State Supreme Court, but they confirmed the court's decision. Plessy then took the case “Plessy v. Ferguson” to the United States Supreme Court; however, the United States Supreme Court ruled in favor of Ferguson because they found that the laws attempted to enforce equality before the law, and not in social situations (Harlan 1). This famous case started the official acceptance of separate but equal laws, but what happened because of this? In the first twenty years of the separate Equal Laws being in effect, the various minorities suffered multiple consequences.
to sit in a Jim Crow car, which was a car reserved for blacks only. Though Plessy was
The family of Michael Brown wanted justice for their son in which they felt was an unjust shooting. His mother was quoted expressing mistrust towards the police, "You 're not God. You don 't decide when you 're going to take somebody from here.” (McLaughlin, E. C. (2014, August 15) The family was obviously hurt by the shooting and wanted justice and support. The community began protesting the shooting and Officer Darren Wilson. Chaos broke out in Ferguson and a State of Emergency was issued. The community felt that the shooting was unjust and did not trust police officers. The community response to the shooting often attracted attention and made many political statements. Darren Wilson’s family were interested in maintaining his innocence. They hoped that the investigation would prove to the world that Wilson acted out of self-defense and did not violate Brown’s rights. The Criminal Justice system’s interests all hoped to create reforms and eliminate racism in police departments. On the local level many had to maintain safety in the community and assure proper police procedures. The state had to step into issue curfews and State of Emergencies to keep the state safe despite protests and riots as well as make sure Darren Wilson did not violate any laws of the state of Missouri. The state also hoped to create reforms to better race relations. On the federal level was the investigation which hoped to find out if the
The request for an injunction pushed the court to make a difficult decision. On one hand, the judges agreed with the Browns; saying that: “Segregation of white and colored children in public schools has a detrimental effect upon the colored children...A sense of inferiority affects the motivation of a child to learn” (The National Center For Public Research). On the other hand, the precedent of Plessy v. Ferguson allowed separate but equal school systems for blacks and whites, and no Supreme Court ruling had overturned Plessy yet. Be...
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
“Separate is not equal.” In the case of Plessey vs. Ferguson in 1896 the U.S. Supreme Court said racial segregation didn’t violate the Constitution, so racial segregation became legal. In 1954 the case of Oliver Brown vs. Board of Education of Topeka this case proved that separate is not equal. Oliver Brown vs. Board of Education of Topeka was revolutionary to the education system, because colored people and Caucasians had segregated schools. The Caucasians received a better education and the colored people argued that they were separate but not equal. This would pave the way for integrated schools and change the education system as we knew it.
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") .
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
The Plessy versus Ferguson case originated the term “separate but equal.” In order for this idea to be constitutional, there has to be equal facilities for each race, though they can be separate. In 1890, Homer Plessy refused to sit in a Jim Crow car on a train, and ,because he was uncooperative, he was then arrested and later taken to court to face Judge John