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Plessy v Fergusen was yet another court case where “separate but equal” was not implementing equality. It showed that they still thought of Black men and women as being less and not deserving the same rights as the White men. Homer Plessy was a free man, that was mainly White and because of a percentage he had of being Black he was treated as a Black man. He tried to sit in the train car of the White men and much like Rosa Parks was asked to go to the back where the Black men belonged in a different car. This case resulted in the Supreme Court defending the decision of the East Louisiana Railroad stating that they weren't violating any law by the ruling they had.
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 South, home to most African Americans in that time, sought out ways to legally exclude African Americans. Homer Plessy had decided to test new segregation laws that had been passed a year earlier. A few months prior, Daniel Desdunes had also sat in the whites-only section, and his case had never made it to trial. However, in Plessy’s case, the Supreme Court was able to rule the new laws constitutional in a seven to one decision; “separate but equal” would be completely legal if both sections are equal.
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.
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 White cars were nicer and cleaner than the Black cars. Judge John Howard Ferguson had recently ruled the law “unconstitutional on trains that traveled through many states,” but in this case, Judge Ferguson ruled that Plessy was guilty because the state had the right to regulate railroad companies that run only in the state. Mr. Plessy then appealed the ruling to the Supreme Court of Louisiana which also went against him, saying the separate but equal law was constitutional. Plessy finally appealed to the Supreme Court of the United States, because he still believed that the “separate but equal” law violated the Thirteenth and Fourteenth Amendments, because it did not treat Blacks and Whites equally. However, in 1896, the Supreme Court of the United States decided that Homer Plessy was guilty.
This case, which concerned racial segregation laws for public facilities such as restrooms, restaurants, and water fountains, made its way all the way to the Supreme Court. As way of background, in 1890 Louisiana passed a law which required blacks and whites to ride in separate train cars. However, in 1892, Homer A. Plessy, who was a black man, boarded a car designated for whites only. He was asked to leave, but refused and was arrested immediately. In the case, Plessy vs Ferguson, Plessy’s position was that his rights were violated under the 13th and 14th amendments of the Constitution, which dictated equal treatment under the law.
Ferguson was a court case that arose in Louisiana, and it created a drastically different atmosphere in 1896. This court case gave state laws that required black and white people to use separate facilities. The case came into light when Homer Plessy, an African-American, never moved to the “colored only” section on a train. Plessy was said to have had his Fourteenth Amendment violated because the separated facilities were discriminating; however the Court stated that the separate facilities were separate yet equal. Separate yet equal means that people have the same rights, but are separated by their race, religion, and wealth.
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
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.”
Tayiah Thomas Plessy and Brown cases American’s were pretty cruel in 1890 and 1950. American’s believed white people to be superior to blacks. Segregation is a huge part of America’s history. Plessy vs Ferguson is a case that showed how segregated the United States was during this time. Brown vs Board of Education is a case that created the 14th amendment.
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
In 1891, a group of concerned young black men of New Orleans immediately formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. The poeple involved in this case are the young concerned black men the us government and the states. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the Separate Car Law was unconstitutional. The importance of this case is that In 1883, the Supreme Court finally ruled that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals(Plessy v.
Thirdly, the theory of pluralism is overly optimistic and therefore isn’t very useful. In reality many groups fail and in a truly pluralist democracy all groups would have a fair chance to succeed . Pluralism can’t exist when groups aren’t equal and although competition is a hallmark of pluralism only the groups whom have the most resources will win. Furthermore, this competition is usually by the elite pressure groups also known as competitive elitism a theory created by Schumpeter . An example of competitive elitism is the 2016 European union UK referendum.
Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power.
