...Plessy v. Ferguson was a landmark Supreme Court case that formalized segregation. The judge in this case stated if faculties were separate and equal for both black and white people, then it was fine to be segregated. The case started in 1892 shortly after Homer Plessy's arrest on June 7th of 1892. The case eventually made its way through, and on May 18th, 1896 the supreme court ruled that Louisiana did not violate the Fourteenth Amendment or Thirteenth Amendment. Throughout United States history, the law has been used to restrict African American rights, and Plessy v. The Ferguson case is the perfect example. Homer Plessy's and the Committee of Citizens impacted the lives of African Americans for decades from their involvement in the case....
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...Homer A. Plessy (P), who resided in Baton Rouge, Louisiana, was defined by Louisiana law as a prosperous businessman and “octaroon” ”—one-eighth African American. Traveling by rail from New Orleans to Baton Rouge, Plessy refused to sit in a designated black railway carriage car and instead attempted to sit in an all-white railway car. Plessy was arrested for violating an 1890 Louisiana statute stipulating segregated “separate but equal” railroad accommodations. Under this statute, individuals using facilities not designated for their race were criminally liable. Plessy had acted on behalf of a committee to purposely commit an offence in order to initiate a case that would stand against the Jim Crow laws –laws that mandated racial segregation. Justice John H. Ferguson (D) presided over...
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...An incident in 1892 involving an African American man Homer Plessy refused to sit in a Jim Crow car breaking a Louisiana law. In 1890 the law was put into play providing for “equal but separate accommodations for the white and colored races” on its railroads. Plessy brought before Judge John H. Ferguson of criminal court for New Orleans, who upheld the law. The law later challenged by the Supreme Court on the grounds that it conflicted within the thirteenth and fourteenth amendment. The court later said that the law did not conflict with the Thirteenth amendment. The Court avoided discussion of the protection granted by the clause in the Fourteenth Amendment that forbids the states to make laws depriving citizens of their “privileges or...
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...The Supreme Court V. The 14th Amendment I. Introduction A. The Supreme court presided over three cases in the span of ten years that grossly affected the country. B. The 1873 ruling of the Slaughter House Cases, the Civil Rights Cases of 1883, and the 1896 case of Plessy V. Ferguson. II. Body A. The 1873 ruling of the Slaughter House Cases. 1. A Louisiana law of 1869 created a state corporation for the slaughtering of livestock. The corporation was given exclusive power to slaughter livestock, and all other private slaughterhouses were required to close. Independent butchers could use the corporation’s facilities for a charge, but could not conduct independent operations. 2. The butchers not included in the monopoly claimed that the law deprived them of their right to "exercise their trade" and challenged it under the 13th and 14th amendments. The highest state court sustained the law. 3. The states have the proper police power to limit slaughter house operations for the health and safety of their residents. The meaning of the 13th and 14th amendments must be derived from the historical context of the problems they were designed to remedy, namely African slavery. The Congress, after the end of the Civil War, sought to strengthen the freedom of the former slaves by passing these amendments. 4. Specifically, they only were meant to guarantee federal privileges, not state privileges, whatever they may be. The "privileges and immunities" clause did not...
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...Plessy v. Ferguson (1896) Facts: On June 7, 1892 Homer Plessy, a biracial man from Louisiana attempted to sit in a first class all-white railroad car. After refusing to remove himself to the black passenger car, Plessy was arrested. Plessy had violated Louisiana’s Separate Cars Act; which required railroad companies to provide separate, but equal accommodations for its Black and White passengers. Procedural History: In the case of Homer Adolph Plessy v. The State of Louisiana, U.S. District Court, Judge John H. Ferguson dismissed his contention that the act was unconstitutional. Ferguson maintained that Louisiana had the right to regulate railroad companies while they operated within state boundaries....
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...Process, the Equal Protection Clause or Delegation. Plessy v. Ferguson (1896) What are the important and relevant faces of the case? The Case is based upon The Equal Protection Clause, in which, this case occurred one hundred and nineteen years ago, but it was very interesting as to see what has changed during the century. In 1890, Louisiana State passed laws prohibited races to sit together on railroads; something in common with segregation in the south in the 1950’s and buses. Trains were required to have seating for different races and were divided by curtains or some form of barricade to prevent the races from sitting beside one another. Homer Adolph Plessy, a Louisiana businessman, who lived a society of whites and blacks, happen to have a black grandparent, in which Louisiana law defined him as an “octaroon”, one eight of black heritage. Plessy did not consider himself black, but Louisiana did and therefore made him sit in the segregated area for blacks. Plessy did not agree and challenged the Jim Crow laws by breaking the law intentionally and sitting in an area of the train that Louisiana law said he was prohibited to sit in, in which case caused him to be arrested and charged with criminal violation of the state law. What issues is the court addressing? What is the legal problem? At the time, the legal issues the court is addressing, were the 13th Amendment and the Equal Protection Clause of the 14th Amendment that addressed Plessy’s plea on sitting in a “non” segregated...
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...The case of Plessy v. Ferguson served as a catalyst for the implementation of “separate but equal” segregation laws that were deemed constitutional by the Supreme Court and which profoundly divided White and Colored America throughout the late 1800’s to mid 1900’s. Freshly out of the Civil War, Black America gradually sought after more forms of freedom after the bondage of slavery was destroyed. While Black males especially were granted more citizenship liberties through the Thirteenth, Fourteenth, and Fifteenth Amendments, just when they thought White America could evolve into an accepting and open-minded society, all efforts were shut down by the Jim Crow laws. That is where the Plessy v. Ferguson case starts, the Supreme Court’s endorsement...
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...Plessy V. Ferguson was a case during 1896 that caused a lot of controversy. This case stated that an octoroon (⅛ black) who wasn’t happy with how states were handling African Americans newly found freedom. To Plessy it seemed as if even though the Declaration of Independence had affirmed that “all men are created equal,” Americans didn’t see it that way. There was still prejudice in America and so black’s were forced to sit separately from whites or drink from different fountains. Little pointless details were made into a big deal. Plessy being ⅛ black, but still looking like an American, was never told to move to use the colored facilities until one day he was asked if he was part African American, and Plessy admitted to it. However, that didn’t stop Plessy from sitting at the front of the railcar, and because of his refusal he was arrested and brought to the United States Supreme Court, claiming the fourteenth amendment. Custom, Precedent, and Federalism the three systems of ruling were embodied into the discussion and the outcome of the case. Each...
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...Marbury v. Madison, the Supreme Court was dealing with the principle of a court declaring “an act of Congress void if it is inconsistent with the Constitution.” Marbury asked the Supreme Court to issue a “writ of mandamus” (an order from a court to compel a judicial/government officer to fulfill their duty to the petitioner) towards James Madison. John Marshall (chief justice) denied Marbury’s writ of mandamus. The Supreme Court did not have the authority to exercise its original jurisdiction over the case. Questions: 1. Did Marbury have the right to the commission? 2. If he did, and his right had been violated, did the law provide him with remedy? 3. Is Marbury entitled to mandamus from the Supreme Court? Decision: 4-0; Unanimously, the court ruled that Madison did not have to deliver the commission to Marbury. The court explained that Marbury had the right to receive his commission, but they were not allowed to force Madison into delivering...
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...In 1896, Homer Plessy was asked to participate in a test case orchestrated by Comite des Citoyens (Committee of Citizens), which included him trying to sit in the white-only car of a train. At this time, African Americans, or anyone considered black, were by law supposed to sit in the “colored” car. When he was asked and refused to leave the car, a hired detective arrested him. When Plessy was first tried by the State of Louisiana, his attorneys argued that he was denied his 13th and 14th Amendment rights. Judge John Ferguson ruled that the railroad companies had a right to decide while they were operated within Louisiana borders. Eventually his case made it to the Supreme Court where, in a 7 to 1 vote, it was decided that “separate but equal” was constitutional. However, in 1954, the ruling from Plessy v. Ferguson was overturned by the Court’s findings in Brown v. Board of Education of Topeka, KS. The case was brought against the Topeka Board of Education by parents. When the case eventually made its way to the Supreme Court, Justice Earl Warren announced the unanimous ruling against the “separate but equal” principle. The Supreme Court ruled that separating children because of race was unconstitutional. This overturning of the standard set by the Plessy v. Ferguson symbolized the end of racial...
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...Bill of Rights and Amendments Paper Bill of Rights and Amendments Paper On September 17th, 1789 The United States Constitution was ratified and made law. The founders of United States Constitution had the foresight to give the constitution a way to grow and adapt with America’s needs, by including an amendment process to change or add to the rights of Americans. The amendment process has allowed America to continue growth and prosperity throughout the years and become one of the most powerful nations in the world. The amendment process will be covered in this paper along with the. The author of this paper will also look at later amendments to the constitution with an emphasis on amendments 13, 14 and 15 and the effects they had on America culture and society. The Purpose of Amendments The constitution was created with an amendment process in Article V to allow the document to adapt to changes in American society. According to article V of the Constitution an amendment can be passed by either a two-thirds vote in the House of Representatives and the Senate or by a convention where two-thirds of the legislatures meet over an amendment. After the Amendment is approved in the convention process it must then be ratified by 75% of the state legislatures (UMKC School of Law, 2013). Without the Amendment process the United States would have been bound by the same rules that applied back in the late 1700’s. The Amendment process has made it possible for the Constitution to change...
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...The 14th amendment was proposed July 28th, 1868. The amendment gives citizenship to anyone born or naturalized in the U.S. This included former slaves even if they had just been freed after the civil war. The law was proposed because all Americans were not receiving the same rights based on religion, ethnicity, and race. Abraham Lincoln was assassinated in April of 1965. He was the one that issued the preliminary Emancipation Proclamation saying that any slaves could be free. The 14th amendment was in a way similar saying that all should be free to life, liberty, and the pursuit of happiness. The law guaranteed everyone equal rights. African Americans had a very strong opinion towards this law because they weren’t usually treated equally to all the other Americans. When the states were approving the law most of the Southern States resisted. But they had to take consideration of the 13th amendment, that protected the African Americans rights so the law passed. The first...
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...A perfect example is the Dred Scott v Sandford case. Dred Scott had moved with his owner to free states. When his owner died he tried to purchase his freedom; however, the widow rejected. Dred Scott filed suit and the case was heard by the supreme court. Chief Justice Roger Taney issued the decision, that Dred Scott whether free or a slave is not a U.S. Citizen and therefore had not right to sue in Federal court (Lecture, 05 February). This decision is considered the worst rendered by the Supreme Court; however, would subsequently be later overturned by the passing of the 13th and 14th Amendment. With the civil war going on its third year, National Archives states, “It was only until President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, that all persons held as slaves within the rebellious states are, henceforward shall be free” (The Emancipation Proclamation, 2018). President Lincoln gave moral reinforcement to the union’s cause but also gave hope to hundreds of thousands of African Americans. Despite this victory it will be a long time before that great statement will come to fruition for the African American...
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...John Marshall Harlan and the Plessy v. Ferguson Case The Plessy v Ferguson case took place in 1896, during a time when the idea of slavery was beginning to fade away, but the thought of two different races being equal was still unforeseen. It all began when an African American male refused to sit in a Jim Crow car on a train – a train car specifically made for blacks so that they would be separated from the whites on the train. People of color had previously spent hundreds of years fighting for their equality and their freedom from slavery. Even to this day there are many obvious barriers to them receiving the equality they deserve. Shortly after gaining freedom in 1865, began the idea of blacks and whites being “separate, but equal.” This meant that although blacks and whites were now equal as human beings, they were still separated by the color of their skin – causing the need of separate facilities for whites and blacks (Voices of Freedom, 53). Marshall Harlan was a very reputable man, as he brought light to the obvious issues with the term “separate, but equal”, stating that it was still extremely unlawful and went against...
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...Individual Project: Unit 3 Human Rights Analysis Human Rights Analysis The case of Plessy vs. Ferguson established the separate but equal doctrine that was prevalent throughout life in the South for over fifty years. The case involved a man by the name of Homer Adolph Plessy, who was a colored shoemaker from New Orleans, Louisiana. He was only 1/8 black and 7/8 white, but under Louisiana law he was considered black. It also involved a white Judge by the name of John Howard Ferguson. In 1892 Plessy was asked by the Citizens Committee which was a political group made up of African Americans and Creoles to help them challenge the Separate Car Act, which by Louisiana law separated blacks and whites in railroad cars. If a black was caught sitting in the white section of the cars, they could get either 20 days in jail or a $25 fine. He agreed to help the Committee. On June 7, 1892, Plessy purchased a first-class ticket at the Press Street Station in New Orleans to go to Covington, Louisiana. The railroad didn’t support the Separate Car Law, because of the expense and trouble involved with it. They chose this station for that reason and the station was in on the test as well. He sat in the white only section and waited for the conductor. When the conductor arrived he told him that he was only 1/8 black and that he refused to move to the colored car of the train. A hired detective told Plessy he was violating the law but he still refused. Since he would not move to the colored car...
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