Assigned Blog #3

In 1892, Homer Plessy was sent to jail for sitting in the "White" section on a railroad car. The incident took place in Louisiana on the East Louisiana Railroad. Homer Plessy, had a fairly light skin color, but was still considered black. Because of this, Plessy was therefore required to sit in the designated "Colored" section in the railroad car.

A black civil rights organization decided to challenge the law in the courts. The case went all the way to the Supreme Court. The lawyer argued during the trial that the Separate Car Act violated the 13th and 14th amendments. The presiding judge at the trial was Justice John H. Ferguson. He found Homer Plessy guilty on the grounds that the law was a reasonable exercise of the state's police powers based upon custom, usage, and tradition in the state of Louisiana.

He again asserted that the segregation stigmatized black and stamped them with a badge of inferiority in violation of the 13th and 14th amendments. The 13th Amendment was established to abolish slavery and involuntary servitude except as punishment for crime. It was regarded as insufficient to protect former slaves from certain laws which had been enacted in the south which imposed upon the former slaves disabilities and burdens and prohibited their rights in the pursuit of life, liberty, and happiness. Because of this, the 14th Amendment was created. The 14th amendment stated that all persons born of naturalized in the United States and subject to the jurisdiction thereof are made citizens of the U.S. and of the State wherein they reside. It also stated that the states are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the U.S., or shall deprive any person of life, liberty, or property without due process of law.

The main purpose of the 14th Amendment was to establish the citizenship of former slaves and to give definitions of citizenship of the United States, and to protect the privileges and immunities of citizens of the U.S. from hostile legislation and the states. It was intended to enforce the absolute equality of the two races before the law. After reviewing the information held in the amendments, the court found in favor of Ferguson. The court believed that laws permitting and even requiring their separation in policies where they are liable to be brought into contact do not necessarily imply the inferiority of either race.

I believe that the Plessy v. Ferguson case was extremely bias. The "Separate but Equal" doctrine was quickly extended to cover many areas of public life, including restaurants, theaters, restrooms, and especially schools. Although the facilities were supposed to be equal, the facilities for blacks were not always inferior to those for whites. The case was later overruled by Brown v. Board of Education, when Justice Warren and a unanimous court held that separate facilities which segregate based on race are inherently unequal.

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