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PLESSY V. FERGUSON (1896) ORIGINS of the CASE in 1892, Homer Plessy Took a Seat in the “Whites Only” Car of a Train and Refused to Move
PLESSY v. FERGUSON (1896) ORIGINS OF THE CASE In 1892, Homer Plessy took a seat in the “Whites Only” car of a train and refused to move. He was arrested, tried, and convicted in the District Court of New Orleans for breaking Louisiana’s segregation law. Plessy appealed, claiming that he had been denied equal protection under the law. The Supreme Court handed down its decision on May 18, 1896. THE RULING The Court ruled that separate-but-equal facilities for blacks and whites did not violate the Constitution. LEGAL REASONING CALIFORNIA STANDARDS Plessy claimed that segregation violated his right to 11.10.2 Examine and analyze the key events, policies, and court cases in the evolution of civil rights, including Dred Scott v. equal protection under the law. Moreover he claimed Sandford, Plessy v. Ferguson, Brown v. Board of Education, that, being “of mixed descent,” he was entitled to “every Regents of the University of California v. Bakke, and California Proposition 209. recognition, right, privilege and immunity secured to HI 3 Students interpret past events and issues within the context the citizens of the United States of the white race.” in which an event unfolded rather than solely in terms of pres- Justice Henry B. Brown, writing for the majority, ruled: ent-day norms and values. “ The object of the [Fourteenth] amendment was LEGAL SOURCES . undoubtedly to enforce the absolute equality of the two races before the law, but . it could not have LEGISLATION been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political U.S. -
Than Segregation, Racial Identity: the Neglected Question in Plessy V
Washington and Lee Journal of Civil Rights and Social Justice Volume 10 | Issue 1 Article 3 Spring 4-1-2004 MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON Thomas J. Davis Follow this and additional works at: https://scholarlycommons.law.wlu.edu/crsj Part of the Civil Rights and Discrimination Commons, and the Legal History Commons Recommended Citation Thomas J. Davis, MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON, 10 Wash. & Lee Race & Ethnic Anc. L. J. 1 (2004). Available at: https://scholarlycommons.law.wlu.edu/crsj/vol10/iss1/3 This Article is brought to you for free and open access by the Washington and Lee Journal of Civil Rights and Social Justice at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Journal of Civil Rights and Social Justice by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON Thomas J. Davis* I. INTRODUCTION The U.S. Supreme Court's 1896 decision in Plessy v. Ferguson' has long stood as an ignominious marker in U.S. law, symbolizing the nation's highest legal sanction for the physical separation by race of persons in the United States. In ruling against thirty-four-year-old New Orleans shoemaker Homer Adolph Plessy's challenge to Louisiana's Separate Railway Act of 1890,2 the Court majority declared that we think the enforced separation of the races, as applied to the internal commerce of the state, neither abridges the privileges or immunities of the colored man, deprives him of his property without due process of law, nor denies him the equal protection of the laws, within the meaning of the Fourteenth Amendment.3 One commentator on the Court's treatment of African-American civil rights cast the Plessy decision as "the climactic Supreme Court pronouncement on segregated institutions."4 Historian C. -
Why the Supreme Court Lied in Plessy
Volume 52 Issue 3 Article 1 2007 Why the Supreme Court Lied in Plessy David S. Bogen Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Civil Rights and Discrimination Commons, Common Law Commons, Constitutional Law Commons, and the Legal History Commons Recommended Citation David S. Bogen, Why the Supreme Court Lied in Plessy, 52 Vill. L. Rev. 411 (2007). Available at: https://digitalcommons.law.villanova.edu/vlr/vol52/iss3/1 This Lecture is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Bogen: Why the Supreme Court Lied in Plessy VILLANOVA LAW REVIEW VOLUME 52 2007 NUMBER 3 Reuschlein Lecture WHY THE SUPREME COURT LIED IN PLESSY DAVID S. BOGEN* 1. INTRODUCTION p LESSY v. Ferguson' is high on the list of the most reviled decisions of the Supreme Court, mentioned in the same breath as Dred Scott v. Sandford.2 It has a number of unfortunate statements 3 and the decision * Harold Gill Reuschlein Visiting Professor, Villanova University School of Law, Professor Emeritus of Law, University of Maryland School of Law. B.A. 1962, LL.B. 1965, Harvard University; LL.M., 1967, New York University. I would like to thank Villanova for the opportunity afforded by the Reuschlein professorship and the University of Maryland for a summer grant. The assistance of the staff at the Villanova University School of Law Library, particularly Amy Spare, and the University of Maryland School of Law Thurgood Marshall Library, particularly Maxine Grosshans, was indispensable, as was my research assistant, Justin Browne, University of Maryland class of 2008. -
UC Irvine Flashpoints
UC Irvine FlashPoints Title The Fear of French Negroes: Transcolonial Collaboration in the Revolutionary Americas Permalink https://escholarship.org/uc/item/3j476038 ISBN 9780520271128 Author Johnson, Sara E. Publication Date 2012-09-15 Peer reviewed eScholarship.org Powered by the California Digital Library University of California The Fear of French Negroes Transcolonial Collaboration in the Revolutionary Americas Sara E. Johnson university of california press Berkeley • Los Angeles • London The Fear of French Negroes flashpoints The series solicits books that consider literature beyond strictly national and disciplin- ary frameworks, distinguished both by their historical grounding and their theoretical and conceptual strength. We seek studies that engage theory without losing touch with history and work historically without falling into uncritical positivism. FlashPoints aims for a broad audience within the humanities and the social sciences concerned with mo- ments of cultural emergence and transformation. In a Benjaminian mode, FlashPoints is interested in how literature contributes to forming new constellations of culture and history and in how such formations function critically and politically in the present. Available online at http://repositories.cdlib.org/ucpress. Series Editors: Ali Behdad (Comparative Literature and English, UCLA); Judith Butler (Rhetoric and Comparative Literature, UC Berkeley), Founding Editor; Edward Dimendberg (Film & Media Studies, UC Irvine), Coordinator; Catherine Gallagher (English, UC Berkeley), Founding Editor; Jody Greene (Literature, UC Santa Cruz); Susan Gillman (Literature, UC Santa Cruz); Richard Terdiman (Literature, UC Santa Cruz) 1. On Pain of Speech: Fantasies of the First Order and the Literary Rant, by Dina Al-Kassim 2. Moses and Multiculturalism, by Barbara Johnson, with a foreword by Barbara Rietveld 3. -
Chapter 4: the Colonies Grow, 1607-1770
The Colonies Grow 1607–1770 Why It Matters Independence was a spirit that became evident early in the history of the American people. The spirit of independence contributed to the birth of a new nation, one with a new government and a culture that was distinct from those of other countries. The Impact Today Americans continue to value independence. For example: • The right to practice one’s own religion freely is safeguarded. • Americans value the right to express themselves freely and to make their own laws. The American Republic to 1877 Video The chapter 4 video, “Middle Passage: Voyages of the Slave Trade,” examines the beginnings of the slave trade, focusing on the Middle Passage. 1676 • Bacon’s Rebellion c. 1570 • Iroquois Confederacy 1651 formed • First Navigation Act regulates colonial trade 1550 1600 1650 1603 1610 1644 • Tokugawa Shogunate • Galileo observes • Qing Dynasty emerges in Japan planets and stars established in with telescope China 98 CHAPTER 4 The Colonies Grow Compare-Contrast Study Foldable Make the following (Venn diagram) foldable to compare and contrast the peoples involved in the French and Indian War. Step 1 Fold a sheet of paper from side to side, leaving a 2-inch tab uncovered along the side. Fold it so the left edge lies 2 inches from the right edge. Step 2 Turn the paper and fold into thirds. Step 3 Unfold and cut along the two inside fold lines. Cut along the two folds on the front flap to make 3 tabs. Step 4 Label the foldable as shown. The French and Indian War French British and Native Both and Americans Colonists The South Side of St. -
The Law and Significance of Plessy John A
The Law and Significance of Plessy john a. powell In this article, the author explores the legal history that precluded and followed the case of Plessy v. Fergu- son, setting up the historical context and significance of the case. Here, powell shows the embeddedness of structural racism in the American legal system and the slow work done to untangle racism from the law. Keywords: legal history, structural racism, segregation It is helpful to social science researchers unfa- dominated governments sought new ways to miliar with legal scholarship to understand institutionalize racial stratification after 1863. how a U.S. Supreme Court decision can shape Nonetheless, it has become an arch symbol of public policies more than a century later.1 The jurists going awry and a talisman of racial op- decision in Plessy v. Ferguson looms large in our pression. Indeed, in his now- famous and lone nation’s historical memory, but it is both more dissenting opinion, Justice John Marshall Har- significant than we generally appreciate and lan wrote that “the judgment this day rendered less so.2 Ostensibly about little more than the will, in time, prove to be quite as pernicious as separation of railway passengers by race as re- the decision made by this tribunal in the Dred quired by a state ordinance, the decision ce- Scott Case,” with Dred Scott being another mented rather than inaugurated many changes touchstone of judicial malfeasance.3 in public policy across the South as White- Yet, for all its symbolic importance, the john a. powell is Robert D. Haas Chancellor’s Chair in Equity and Inclusion, professor of law, African American studies, and ethnic studies, and director of the Othering & Belonging Institute at the University of California, Berkeley, United States. -
Public Rights, Social Equality, and the Conceptual Roots of the Plessy Challenge Rebecca J
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2008 Public Rights, Social Equality, and the Conceptual Roots of the Plessy Challenge Rebecca J. Scott University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/317 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Civil Rights and Discrimination Commons, Fourteenth Amendment Commons, Law and Race Commons, Legal History Commons, State and Local Government Law Commons, and the Supreme Court of the United States Commons Recommended Citation Scott, Rebecca J. "Public Rights, Social Equality, and the Conceptual Roots of the Plessy Challenge." Mich. L. Rev. 106, no. 5 (2008): 777-804. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. PUBLIC RIGHTS, SOCIAL EQUALITY, AND THE CONCEPTUAL ROOTS OF THE PLESSY CHALLENGE Rebecca J. Scott* This Article argues that the test case that gave rise to the 1896 deci- sion in Plessy v. Ferguson is best understood as part of a well- established, cosmopolitan traditionof anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens' rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to seg- regation as claims to a "social equality" that was beyond the scope of judicially cognizable rights. -
Massachusetts Bay Colony
Massachusetts Bay Colony (Edited from Wikipedia) The Massachusetts Bay Colony was an English settlement on the east coast of North America (Massachusetts Bay) in the 17th century. The settlement was located in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions of the U.S. states of Massachusetts, Maine, New Hampshire, Rhode Island, and Connecticut. Territory claimed but never administered by the colonial government extended as far west as the Pacific Ocean. The colony was founded by the owners of the Massachusetts Bay Company, which included investors in the failed Dorchester Company, which had in 1623 established a short-lived settlement on Cape Ann. The Massachusetts Bay Colony, begun in 1628, was the company's second attempt at colonization. The colony was successful, with about 20,000 people migrating to New England in the 1630s. The population was strongly Puritan, and its governance was dominated by a small group of leaders who were strongly influenced by Puritan religious leaders. Although its governors were elected, the electorate were limited to freemen, who had been examined for their religious views and formally admitted to the local church. As a consequence, the colonial leadership exhibited intolerance to other religious views, including Anglican, Quaker, and Baptist theologies. Although the colonists initially had decent relationships with the local native populations, frictions arose over cultural differences, which were further exacerbated by Dutch colonial expansion. These led first to the Pequot War (1636–1638), and then to King Philip's War (1675–1678), after which most of the natives in southern New England had been pacified, killed, or driven away. -
The Road to Civil Rights Table of Contents
The Road to Civil Rights Table of Contents Introduction Dred Scott vs. Sandford Underground Railroad Introducing Jim Crow The League of American Wheelmen Marshall “Major” Taylor Plessy v. Ferguson William A. Grant Woodrow Wilson The Black Migration Pullman Porters The International Brotherhood of Sleeping Car Porters The Davis-Bacon Act Adapting Transportation to Jim Crow The 1941 March on Washington World War II – The Alaska Highway World War II – The Red Ball Express The Family Vacation Journey of Reconciliation President Harry S. Truman and Civil Rights South of Freedom Brown v. Board of Education of Topeka Too Tired to Move When Rulings Don’t Count Boynton v. Virginia (1960) Freedom Riders Completing the Freedom Ride A Night of Fear Justice in Jackson Waiting for the ICC The ICC Ruling End of a Transition Year Getting to the March on Washington The Civil Rights Act of 1964 The Voting Rights March The Pettus Bridge Across the Bridge The Voting Rights Act of 1965 March Against Fear The Poor People’s Campaign Assassination of Dr. Martin Luther King, Jr. Completing the Poor People’s Campaign Bureau of Public Roads – Transition Disadvantaged Business Enterprises Rodney E. Slater – Beyond the Dreams References 1 The Road to Civil Rights By Richard F. Weingroff Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when . you take a cross country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you . then you will understand why we find it difficult to wait. -
Chapter 2 Critique of Puritan New England
Critique of the American Institution of Education Richard B. Wells © 2013 Chapter 2 Critique of Puritan New England § 1. The Incubation Period of American Civilization What I am calling the incubation period is the nearly one and one-half centuries from the establishment of Jamestown in 1607 until 1750, just after the end of King George's War (1744-8). This is the period in history telling the story of what became the United States of America from the evolution of divers British colonial enterprises into a distinctly different North American civilization. Meaning no disrespect to the people of the also-American nations of Canada and Latin America, I am going to call this 'the' American civilization because I have to call it something and because when "America" is referred to today in most countries what is most often meant by this reference is the USA (judging from my experiences of being called an "American" by people from every continent except central and South America, whose people have tended to call me either a "yanqui" or a "norteamericano," and Australia, whose people have tended to call me a "Yank"; real Yankees, however, laconically inform me I am not one of them). The date 1750 is somewhat arbitrarily chosen. A number of historians have seemed to favor the year 1763 to mark the historical epoch, apparently on the basis of, as Morison and Commager put it, "it was not until 1763 that the Thirteen Colonies began to strain at their imperial leash." In point of fact crisp dates marking historical epochs are rarely justifiable by actual events. -
Introduction Mapping the Fault Lines
Notes Introduction Mapping the Fault Lines 1. The form was created by the Youth Enrichment Services (YES) program of the Lesbian, Gay, Bisexual and Transgender Community Center of New York. 2. This is not to suggest that the environment had been safe prior to the incidents. The fact that they took place reveals how unsafe it really was. Still, after such incidents the environment took on a particularly acute kind of danger for people of color in the community. This was not only because of the sheer ugliness of the incidents themselves, but also because of the too often paltry responses that came from many white members of the Union community in reaction to them. 3. Scholar and activist Irene Monroe says there is no “anti-racist” option for white people in the current social context. The best that white folks can do, she says, is to attempt to be “racially responsible.” 4. Combahee River Collective, “The Combahee River Collective Statement,” in Home Girls: A Black Feminist Anthology, ed. Barbara Smith (New York: Kitchen Table Women of Color Press, 1983), 275. 5. I purposely sidestep here a number of debates over “identity politics” and their utility and dangers, and refer to such movements in their best sense. For exam- ple, as Angela Davis says, “In my opinion, the most exciting potential of women of color formations resides in the possibility of politicizing this identity—basing the identity on politics rather than the politics on identity.” Interview with Lisa Lowe, “Angela Davis: Reflections on Race, Class and Gender in the USA,” in The Politics of Culture in the Shadow of Capital, ed. -
Para Descargar En Formato
Fabio G. Nigra Secretaria de Redacción: Valeria L. Carbone Comité Editorial: Aimé Olguin Ana Lojo Bárbara Gudaitis Darío Martini Gabriel Matelo Leandro della Mora Leandro Morgenfeld Leonardo Patacini Malena López Palmero Mariana Mastrángelo Mariana Piccinelli Martha de Cuntho Valeria L. Carbone Comité Académico: Carmen Manuel, Universidad de Valencia (España) María Graciela Abarca, Universidad de Buenos Aires (UBA) Margara Averbach, Universidad de Buenos Aires (Arg.) Michael Hannahan, University of Massachussetts (USA). Norberto Barreto, Universidad del Pacífico (Perú) Jorge Hernández Martínez, Centro de Estudios Hemisféricos y sobre Estados Unidos de la Universidad de La Habana (Cuba) “Una sociedad dividida” Graciela Iuorno, Universidad Nacional del Comahue (Arg.) #14 / April 2018 Robson Laverdi, Universidade Estadual Do Paraná huellasdeeua.com.ar ISSN 1853-6506 (Brasil) Marcos Fábio Freire Montysuma, Universidade Federal de Santa Catarina (Brasil) Pablo Pozzi, Universidad de Buenos Aires (Arg.) Marc Stern, Bentley University (USA) TABLA DE CONTENIDOS de bajos salarios enfrentan serios problemas al denunciar el acoso sexual ....................................... 122 11. David Mikics Estados Unidos, modelo racial Editorial Fabio G. Nigra | “¿La cola mueve al de la Alemania nazi ................................................... 127 perro?” ............................................................................... 2 12. Andrés Sebastián Diz Qué es y qué debería 1. Eric Foner La historia de la libertad en el ser Estados Unidos: consideraciones