With regards to the Declaration of Independence, that document is well-known for establishing that “[w]e hold these truths to be self-evident: that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among them is life, liberty, and the pursuit of happiness.” Justice Taney noted that if the drafters of the Declaration of Independence intended this language to encompass individuals of African descent, the drafter’s actions in owning slaves was directly contrary. The proposition that Africans were citizens was untenable to Justice Taney because he believed that the Framers were “incapable of asserting principles inconsistent with those on which they were acting.” Furthermore, Justice
Aftermath of Dred Scott: Constitutional Amendments
It is arguable that the Dred Scott decision led to the Civil War. After the North claimed victory during the Civil War, America entered into an era that has been dubbed the “Reconstruction Era.” Abraham Lincoln was the president at that time and he and his supporters had several well-defined goals for the country. One of those goals was to free all slaves and ensure that blacks had a future in America. President Lincoln was successful to some extent because he was able to sign the Emancipation Proclamation.
The Civil War redefined America because it led to three Constitutional Amendments, one of which was the Thirteenth Amendment. The Thirteenth Amendment abolished slavery. President Lincoln deemed the Thirteenth Amendment the “[k]ing’s cure for all the evils.” President Lincoln was also one of Dred Scott’s biggest opponents. He proposed that Dred Scott was based on assumed historical facts that were
However, the Court, in Plessy v. Ferguson, 163 U.S. 537 (1896), used formalism to undermine the purpose and goal of the Fourteenth Amendment.
In Plessy, the Court considered whether a statute enacted by the State of Louisiana that required separate train cars for white and colored races was constitutional. The underlying facts of Plessy were that a man who was seven-eighths (7/8) white and one-eighth (1/8) black was instructed, but refused, to move from the white train car to the black train car. Consequently, he was removed from the train and incarcerated.
The constitutionality of Louisiana’s statute was challenged on the basis that it violated the Thirteenth and Fourteenth Amendments. Because the statute did not infringe upon the legal equality between the two races and did not re-establish a state of involuntary servitude, the Court held that the statute did not violate the Thirteenth Amendment. Further, the Court held that the statute did not abridge the privileges or immunities of the African-American, deprive him of his property without due process of law, nor deny him the equal protection of the laws. Accordingly, after Plessy, it was evident that African-Americans merely possessed legal equality; they did not possess social
The Civil War was at most one of the darkest hours in United States history. Bloodshed and loss quaked the land of our forefathers in a way we could not imagine. In the wake of the battles, the Union forces found new hope in their victories and came out on top in the victory of the war. In the hope to reconstruct the United States Abraham Lincoln proceeded with the new idea of reconstruction. The main idea was to give the freed slaves more rights and try to condone for the sins of the past and present. This was a short-lived initial plan, as the hopes and plans changed when Andrew Johnson took to presidency. His views of reconstruction conflicted towards the reconstruction, and the plan soon was updated to fit the new president’s beliefs. The
Plessy v. Ferguson was the first major inquiry into the meaning of the Fourteenth Amendment’s equal-protection clause, which prohibits states from denying equal protection of the laws to any person within their jurisdictions. Although the majority opinion did not contain the phrase separate but equal, it gave constitutional sanction to laws designed to achieve racial segregation by means of separate and supposedly equal public facilities and services for African Americans and whites. It served as a controlling judicial precedent until it was overturned by the ...
Homer Plessy vs. the Honorable John H. Ferguson ignited the spark in our nation that ultimately led to the desegregation of our schools, which is shown in the equality of education that is given to all races across the country today. “The Plessy decision set the precedent that ‘separate’ facilities for blacks and whites were constitutional as long as they were ‘equal’” (“The Rise and Fall of Jim Crow”). The case of Plessy vs. Ferguson not only illuminated the racial inequality within our education system, but also brought to light how the standard of ‘separate but equal’ affected every aspect of African American lives.
During the 1850s in the United States, Southern support of slavery and Northern opposition to it collided more violently than ever over the case of Dred Scott, a black slave from Missouri who claimed his freedom on the basis of seven years of residence in a free state and a free territory. When the predominately pro-slavery Supreme Court of the United States heard Scott's case and declared that not only was he still a slave but that the main law guaranteeing that slavery would not enter the new Midwestern territories of the United States was unconstitutional, it sent America into convulsions. The turmoil would end only after a long and bloody civil war fought primarily over the issue of slavery and its extension into America's unorganized territories. The Supreme Court's ruling in Dred Scott v. Sandford helped hasten the arrival of the American Civil War, primarily by further polarizing the already tense relations between Northerners and Southerners.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
In the years leading to the Civil War, there were many events that sparked wide spread controversy and severely divided the nation. Dred Scott an African American slave whose owner brought him from a slave state to a state that outlawed slavery where he attempted to sue for his freedom. In the year 1854, a mere 6 years before the start of the war, the Supreme Court in Dred Scott v. Sandford handed down one of its most controversial rulings to date. Known as the Dred Scott Decision, the Supreme Court lead by Chief Justice Roger B. Taney issued a 7 to 2 decision, rendered that Africans whether they were free or slaves were not citizens and that they had no legality to sue in Federal court.
Plessy v. Ferguson , a very important case of 1896 in which the Supreme Court of the United States upheld the legality of racial segregation. At the time of the ruling, segregation between blacks and whites already existed in most schools, restaurants, and other public facilities in the American South. In the Plessy decision, the Supreme Court ruled that such segregation did not violate the 14th Amendment of the Constitution of the United States. This amendment provides equal protection of the law to all U.S. citizens, regardless of race. The court ruled in Plessy that racial segregation was legal as long as the separate facilities for blacks and whites were “equal.”
The American Civil War was caused by an explosion of conflictions, provoked by regional and sectional differences and an unfortunate sequence of political events. As explained earlier, the central theme of almost all of the events that brought about the Civil War was related to slavery. The Kansas-Nebraska Act, the Dred Scott Case, and the Election of 1860 were three events that played very instrumental roles in causing the Civil War, however each could have been handled differently by the parties involved. The approaches of the parties could have been more subtle, using compromises to settle disputes, in order to avoid a war.
The majority of speculations regarding the causes of the American Civil War are in some relation to slavery. While slavery was a factor in the disagreements that led to the Civil War, it was not the solitary or primary cause. There were three other, larger causes that contributed more directly to the beginning of the secession of the southern states and, eventually, the start of the war. Those three causes included economic and social divergence amongst the North and South, state versus national rights, and the Supreme Court’s ruling in the Dred Scott case. Each of these causes involved slavery in some way, but were not exclusively based upon slavery.
Ferguson trial was a court case about a black man by the name of Homer Adolph Plessy. He was arrested for refusing to not ride in the ‘colored’ railway coach. Plessy had enough of the segregation so he decided to sit up in the white coach. However, it didn’t go well for him and he was arrested. On February 23, 1869, the Louisiana legislature passed a law prohibiting segregation on public transportation. The Government used the term ‘separate but equal’ as an excuse for not letting the blacks sit up with the whites. The supreme court case of Plessy v. Ferguson upheld a ‘separate but equal’ doctrine. “Laws permitting, and even requiring, their separation in places where they are liable to be brought into contract do not necessarily imply the inferiority of either race to the other. (Plessy v. Ferguson). So the blacks and white were now equal, but they couldn’t be together. The government said that the everything was equal when the school that the black children were in had old textbooks when the white school had new textbooks. The blacks and whites were separate but not so much
In 1896, the Supreme Court was introduced with a case that not only tested both levels of government, state and federal, but also helped further establish a precedent that it was built off of. This court case is commonly known as the case that confirmed the doctrine “separate but equal”. This doctrine is a crucial part of our Constitution and more importantly, our history. This court case involved the analysis of amendments, laws, and divisions of power. Plessy v. Ferguson was a significant court case in U.S history because it was shaped by federalism and precedent, which were two key components that were further established and clarified as a result of the Supreme Court’s final decision.
Even though laws like this undermined multiple amendments they were overlooked by the supreme court after the case of Plessy v. Ferguson. The Plessy v. Ferguson case happened when Homer Plessy sat deliberately in the white car after Louisiana passed their Separate Car Act. He was only ⅛ black but under Louisiana law that was enough to be legally black. The case went all the way to the Supreme Court and Plessy’s lawyer argued that the Separat...
The Plessy versus Ferguson case originated the term “separate but equal.” In order for this idea to be constitutional, there has to be equal facilities for each race, though they can be separate. In 1890, Homer Plessy refused to sit in a Jim Crow car on a train, and ,because he was uncooperative, he was then arrested and later taken to court to face Judge John
The Secession of the United States was the cause of thr Civil War. The Southern Confederates were furious that the Northern Union for trying to abolish slavery. When Lincoln was elected president, he tried to once and for all abolish slavery in the North as well as the west. He tried to contain slavery to its geographical area to keep it from spreading anymore north, but the South erupted in rebellion and eventually went to war against the North in the Civil