Countering Segregation in the United States

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Countering Segregation

Imagine living in a country that is run by segregation laws. In 1896 the United States Supreme Court ruled that a Louisiana law mandating separate but equal accommodations for White Americans and African Americans on intrastate railroads was constitutional. In the case of Plessy v. Ferguson, Homer Plessy could pass as a white man even though under Louisiana law he is legally considered “colored”. This is due to his the fact that he has one-eighth African blood in him, which allowed Louisiana law to prevent him from sitting on a passenger coach reserved for whites only. The majority’s decision was one that allowed states to declare their own requirements, which brands a person as “colored”. The argument made by the Tourgée, Plessy’s lawyer, was, that, belonging to one race or other was a form of property and to deny reputation to that race is considered taking away property without due process of law. After the case a single justice, Justice Harlan, wrote the dissent on the majority’s decision that racial classifications were not inherently unconstitutional. In Harlan’s dissent he argues against the majority decision by sticking to the written words of the constitutional, and not impose on the document his sense of the natural order. Ultimately, Harlan’s counterargument reveals that the segregation laws are inconsistent with the constitution.

According to Brook Thomas, the only way to over come a law that was created to base racism not just off of the color of your skin, but now the percentage of colored blood an individual has, is education. By stating that, he is trying to display the difference between the separate but equal accommodations for education between “whites” and “coloreds”, and how it create...

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...fore no state should enact laws based off of race or class. As a result of Harlan proving that the majorities’ decision was inconsistent with the spirit of the republic, he was able to overturn the cases decision single handedly and prevent segregation from becoming a slippery slope back into racism. This dissent helped reinforce the fact that belonging to one race or another was a form of property and to deny reputation to that race is considered taking away property without due process of law. All in all, though, Harlan was able to prove through his counterargument that the majorities’ decision was an unconstitutional one.

Work Cited

Thomas, Brook. Plessy v. Ferguson: A Brief History with Documents. Boston: Bedford, 1997. Print.

Harlan, John, Ii. Plessy v. Ferguson: A Brief History with Documents. Boston: Bedford, 1997. Print.

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