Separate but Equal Policies are Inconstitutional

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Harlan once said, “But in the view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind and neither knows nor tolerates classes among citizens.” The state of Louisiana passed a law that required separate railway cars for blacks and whites. It was all based around accommodations being “separate but equal”, meaning that public facilities were split up by races but the place had to serve the same purpose. In 1892, Homer Plessy was one eighth African American and he took a seat in a "whites only" car of a Louisiana train. He refused to move to the car only for blacks and was arrested. I believe that this was unconstitutional because of the 13th and 14th Amendments. States ratified Jim Crow laws to legally segregate whites from blacks and they created separate schools, facilities, parks, and other separated places. When Plessy was arrested, he petitioned the Louisiana Supreme Court against Ferguson in order “to stop the proceedings against him for criminal violation of the state law.” (Handout) Yet again, the Louisiana Supreme Court refused and he went to the Supreme Court of the United States. The arguments in this case involve the 13th Amendment, which took away slavery and the Equal Protection clause of the 14 Amendment, which “prohibits states from denying any person within its jurisdiction the equal protection of the laws.” When this went to the Supreme Court of the United States, Plessy was brought to court against Judge John H. Ferguson. (http://www.law.cornell.edu/wex/equal_protection) Was a state law requiring separate accommodations a violation of equal protection? Should the St... ... middle of paper ... ...cation in the United States, it put the Constitution on the side of equality between races and made the civil rights movement into a innovation. In 1954, a ton of the United States had separated schools by races which was made legal by the Plessy V Ferguson case. “Separate but equal” facilities should be unconstitutional because it violated the 13th and 14th Amendment and everyone was created equally, so no race should be separated from another race. In my opinion, Homer Plessy never violated any law or did anything that was wrong as well as how “separate but equal” facilities were unconstitutional. Harlan once said, “Everyone knows that the statues in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. “

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