Difference between revisions of "Plessy v. Ferguson"

Revision as of 02:50, April 27, 2007

Part of the series on

U.S. Discrimination Law

Standards of Review

Rational basis review Intermediate scrutiny Strict scrutiny

Other Legal Theories

Substantive due process State action doctrine

Defining Moments in Law

The 14th Amendment Plessy v. Ferguson Brown v. Board of Education Loving v. Virginia U.S. v. Virginia Romer v. Evans Lawrence v. Texas

Modalities of Constitutional Law

Textual Responsive

Plessy v. Ferguson was a case handed down in 1896 by the Supreme Court. Omar Plessy, a man who did not consider himself "African American," but qualified as "black" under "1-drop rules," sued after being kicked out of a "whites only" car in a railroad. After winning his suit at all levels, the Supreme Court handed Plessy a loss for himself, and for the rights of Americans everywhere.

The holding of Plessy made clear that the equality guarantees of the newly passed Fourteenth Amendment were confined to rights of a civil and political nature. Social rights - such as equality in the public sphere - were not guaranteed. Specifically, Plessy held that the federal government, or state governments, may classify on the basis of race and perform social engineering activities designed to separate the races so long as they did not become inordinately oppressive. The majority of the Court did not define what would be inordinately oppressive.

Justice Harlan filed a blistering dissent, arguing for a color-blind constitution, and stating that he would have stricken down segregation over 50 years before the Court did in Brown v. Board of Education.