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The controversy of plessy vs ferguson
Plessy v ferguson case study
Plessy v ferguson case study
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Supreme Court Essay The Fourteenth Amendment has, overall, been a great incorporation into the Constitution through its equal protection clause, due process clause, and other specific feature such as the ability to be show the presence of the separate but equal mindset invested amongst individuals in the Court case of Plessy v. Ferguson, the implementation of said mindset in the decision of the Brown v. The Board of Education Supreme Court case, the usage of the due process clause in the 2000 presidential election between Republican George W. Bush and Democrat Al Gore, and both equal protection clause and de process clause in the more recent case of obergefell v. hodges. First off, Plessy v Ferguson is a prime example for the use of the fourteenth …show more content…
Ferguson affected segregated schools because it instituted the separate but equal mindset into the minorities and groups that were at victim to the declination of this first case. Especially African Americans, who noticed that, despite the amendments, were still were being treated differently and more harsh than white folks in some parts of the country, especially the south. Actually, many states of the south had state laws requiring the segregation of races. These very laws were the ones Plessy argued to get rid of because it’s altercation with the amendments. They were Jim Crow laws. This was almost the start of the effort to remove these discriminatory laws practiced in some states and instead follow the COnstitution of the United States of AMerica. Effect on today An individual can see how Plessy v Ferguson, despite having to be overturned by the Brown v. The Board of Education course, affected the society and the United States of America in general. Plessy v. Ferguson was the first test on the equal protection clause of the fourteenth amendment and “lost.” Years later, it was the same clause that overturned the …show more content…
Hodges is more of a recent test of the fourteenth amendment of the constitution, having happened around two years ago from now. Some groups of same-sex couples sued Ohio, Michigan, Kentucky, and Tennessee’s state agencies “to challenge the constitutionality of those states’ bans on samesex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages.” According to the plaintiffs, the equal protection and the due process clause of the fourteenth amendment were violated. There were two questions to ponder. One, “Does the fourteenth amendment require a state to license a marriage between two people of the same sex?” Two, “Does the fourteenth amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another
The Fourteenth Amendment did surely constitute the biggest development of government force following the approval of the Constitution. The change was not considered in an emptiness the explanation behind this development of force, and for the correction overall, is found in the more extensive connection of the mid nineteenth-century South and the unescapable mistreatment of the free dark population residence there In considering the way of Southern race relations, both previously, then after the fact the Civil War, the designers of the Fourteenth Amendment came to trust that total a radical development of the forces of the central government over the states would empower them. Congress has power to enforce this article “Equal
The 14th Amendment was made in 1868 to allow every person who was born in America or who had become an American citizen to have the same rights as any other citizen. Additionally, they were also a citizen of whatever state they lived in. No state in America was allowed to make laws that limit US citizens’ rights and protection, execute people, imprison people or take their property away without a legal process.
Now the question is how has it affected our present day lives. Over time, the fourteenth amendment has been used to cover almost all of the Bill of Rights. These rights are the standard for all US citizens and are protected by the Federal government. Selective Incorporation is thought to cover the first through eighth amendments, with the ninth and tenth being exclusively guaranteed by the Federal government. A present day example of this debate is that of the 2nd amendment. The right to bear arms is a critical issue when thinking of Selective incorporation.
Throughout time there have been many amendments to the United States Constitution. Some have had little to no effect on the population. One amendment that this writer will take a look at is the Fourteenth Amendment. The wording of the amendment has been debated here recently but bottom line it abolished slavery. This amendment also made an attempt to equalize everyone that is born here in America or naturalized. The ripple effect of this change to the constitution is still being felt today. It is hard to imagine living in a world where the African American community was not considered equal to the white man. A ground breaking distinction in the language written out in the document was that of it applying on the federal level as well as the state jurisdiction. This is especially important as we see the civil union marriages have conflict
The Supreme Court exercised its interpretation of the Constitution and found that a violation of the First Amendment was apparent and therefore, also a violation of the fourteenth Amendment showing that due process of the law was not given.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
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 Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with. The evolution of the 4th amendment is long and tumultuous, starting from what it meant at time of drafting, to the controversy over different interpretations in modern times. Through all the controversies and the debate over the meaning of the 4th amendment, the essence is always the same: to protect man’s liberty.
Brown vs. The Board of Education changed the American education system, and made it possible for everyone to get the same education. This case made it possible for white student and colored students to share a classroom experience. This was also the beginning of every student beginning given equal opportunities no matter what color they were.
A major effect of the Jim Crow Laws was segregation in the education system. Although children of any race were now allowed to go to school, white children got a better education and overall experience in school. One law stated, “[The County Board of Education] shall provide schools of two kinds; those for white children and those for colored children” (“Jim Crow Laws”). The majority of schools for colored children were overcrowded and unequipped for quality learning. African American children used old textbooks wit...
...cation in the United States, it put the Constitution on the side of equality between races and made the civil rights movement into a innovation. In 1954, a ton of the United States had separated schools by races which was made legal by the Plessy V Ferguson case.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
An event that I saw that was fitting to the Fourteenth Amendment was the elimination of black voting. Between the years of 1890 to 1906, the southern states enacted on laws and or the constitutional requirements that were meant to go and eliminate the blacks of any right to vote. During this time the Fifteenth Amendment was given so that no one should be denied the right to vote by the United States or any State on the description of their race, color, or previous circumstance of their servitude. Since Southerners didn’t like these laws and didn’t want to follow them so these Southerner’s were trying to find a way to end black voting. So what they went ahead and did was create what is known as the poll tax. What is the poll tax? You might be wondering. The poll tax is a tax that must be paid in order to be eligible to vote. Why the poll tax was created for was to make it so that people had to pay in order to vote which was disenfranchising to black citizens since this event took place after the Reconstruction. This meant that blacks wouldn’t be able to vote since they couldn’t afford the ballot to vote. With the poll tax being put into place what came along with it was a literacy test and a requirement that...
The Fourth Amendment is important for many reasons. In this essay I will outline the historical origins of the Fourth Amendment and assess why its inclusion was so important to those considering ratifying the Constitution. I will also select a case in which a search warrant was used during an investigation. By outlining the case I will state my opinion about whether or not a warrant was necessary and how the search warrant contributed or did not contribute to the result in the case.