Why did plessy sue




















When did Jim Crow laws start? Jim Crow laws were any of the laws that enforced racial segregation in the American South between the end of Reconstruction in and the beginning of the civil rights movement in the s.

What does Plessy mean? Ferguson is a U. Supreme Court case from that upheld the rights of states to pass laws allowing or even requiring racial segregation in public and private institutions such as schools, public transportation, restrooms, and restaurants. What did the Jim Crow laws do? Jim Crow laws were state and local laws that enforced racial segregation in the Southern United States.

All were enacted in the late 19th and early 20th centuries by white Democratic-dominated state legislatures after the Reconstruction period.

The laws were enforced until How did Plessy v Ferguson case legalize segregation? African Americans turned to the courts to help protect their constitutional rights. In the pivotal case of Plessy v. Ferguson in , the U. All rights reserved. Check local listings. Reproduction courtesy of the Library of Congress Plessy v. Ferguson In Plessy v. Ferguson , the Supreme Court considered the constitutionality of a Louisiana law passed in "providing for separate railway carriages for the white and colored races.

Homer Plessy, the plaintiff in the case, was seven-eighths white and one-eighth black, and had the appearance of a white man. Duly arrested and imprisoned, Plessy was brought to trial in a New Orleans court and convicted of violating the law. Subscribe for fascinating stories connecting the past to the present.

Brown v. Board of Education of Topeka was a landmark Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional. Board of Education was one of the cornerstones of the civil rights movement, Loving v. Virginia was a Supreme Court case that struck down state laws banning interracial marriage in the United States.

The plaintiffs in the case were Richard and Mildred Loving, a white man and Black woman whose marriage was deemed illegal according to Virginia state law. The 14th Amendment to the U. Segregation is the practice of requiring separate housing, education and other services for people of color. Segregation was made law several times in 18th and 19th-century America as some believed that Black and white people were incapable of coexisting. In the lead-up to the In , a group of prominent Black intellectuals led by W.

Du Bois met in Erie, Ontario, near Niagara Falls, to form an organization calling for civil and political rights for African Americans. With its comparatively aggressive approach to combating racial discrimination Thurgood Marshall—perhaps best known as the first African American Supreme Court justice—played an instrumental role in promoting racial equality during the civil rights movement. As a practicing attorney, Marshall argued a record-breaking 32 cases before the Supreme Court, Roe v.

Collins, 17 Ohio St. Rems, 41 Pa. Riley, 15 Cal. So far, then, as a conflict with the fourteenth amendment is concerned, the case reduces itself to the question whether the statute of Louisiana is a reasonable regulation, and with respect to this there must necessarily be a large discretion on the part of the legislature.

In determining the question of reasonableness, it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order.

Gauged by this standard, we cannot say that a law which authorizes or even requires the separation of the two races in public conveyances is unreasonable, or more obnoxious to the fourteenth amendment than the acts of congress requiring separate schools for colored children in the District of Columbia, the constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures.

We consider the u derlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority.

If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has been more than once the case, and is not unlikely to be so again, the colored race should become the dominant power in the state legislature, and should enact a law in precisely similar terms, it would thereby relegate the white race to an inferior position.

We imagine that the white race, at least, would not acquiesce in this assumption. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races.

We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other's merits, and a voluntary consent of individuals. As was said by the court of appeals of New York in People v. When the government, therefore, has secured to each of its citizens equal rights before the law, and equal opportunities for improvement and progress, it has accomplished the end for which it was organized, and performed all of the functions respecting social advantages with which it is endowed.

If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane.

It is true that the question of the proportion of colored blood necessary to constitute a colored person, as distinguished from a white person, is one upon which there is a difference of opinion in the different states; some holding that any visible admixture of black blood stamps the person as belonging to the colored race State v. Chavers, 5 Jones [N.

State, 4 Ohio, ; Monroe v. Dean, 14 Mich. But these are questions to be determined under the laws of each state, and are not properly put in issue in this case. Under the allegations of his petition, it may undoubtedly become a question of importance whether, under the laws of Louisiana, the petitioner belongs to the white or colored race. By the Louisiana statute the validity of which is here involved, all railway companies other than street-railroad companies carry passengers in that state are required to have separate but equal accommodations for white and colored persons, 'by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations.

The managers of the railroad are not allowed to exercise any discretion in the premises, but are required to assign each passenger to some coach or compartment set apart for the exclusive use of is race.

If a passenger insists upon going into a coach or compartment not set apart for persons of his race, he is subject to be fined, or to be imprisoned in the parish jail.

Penalties are prescribed for the refusal or neglect of the officers, directors, conductors, and employees of railroad companies to comply with the provisions of the act. Only 'nurses attending children of the other race' are excepted from the operation of the statute. No exception is made of colored attendants traveling with adults. A white man is not permitted to have his colored servant with him in the same coach, even if his condition of health requires the constant personal assistance of such servant.

If a colored maid insists upon riding in the same coach with a white woman whom she has been employed to serve, and who may need her personal attention while traveling, she is subject to be fined or imprisoned for such an exhibition of zeal in the discharge of duty.

While there may be in Louisiana persons of different races who are not citizens of the United States, the words in the act 'white and colored races' necessarily include all citizens of the United States of both races residing in that state. So that we have before us a state enactment that compels, under penalties, the separation of the two races in railroad passenger coaches, and makes it a crime for a citizen of either race to enter a coach that has been assigned to citizens of the other race.

Thus, the state regulates the use of a public highway by citizens of the United States solely upon the basis of race. However apparent the injustice of such legislation may be, we have only to consider whether it is consistent with the constitution of the United States.

That a railroad is a public highway, and that the corporation which owns or operates it is in the exercise of public functions, is not, at this day, to be disputed.

Merchants' Bank, 6 How. Justice Strong, delivering the judgment of this court in Olcott v. Supervisors, 16 Wall. Very early the question arose whether a state's right of eminent domain could be exercised by a private corporation created for the purpose of constructing a railroad. Clearly, it could not, unless taking land for such a purpose by such an agency is taking land for public use. The right of eminent domain nowhere justifies taking property for a private use. Yet it is a doctrine universally accepted that a state legislature may authorize a private corporation to take land for the construction of such a road, making compensation to the owner.

What else does this doctrine mean if not that building a railroad, though it be built by a private corporation, is an act done for a public use? Talcott, 19 Wall. Western R. In respect of civil r ghts, common to all citizens, the constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights. Every true man has pride of race, and under appropriate circumstances, when the rights of others, his equals before the law, are not to be affected, it is his privilege to express such pride and to take such action based upon it as to him seems proper.

But I deny that any legislative body or judicial tribunal may have regard to the race of citizens when the civil rights of those citizens are involved. Indeed, such legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by every one within the United States.

The thirteenth amendment does not permit the withholding or the deprivation of any right necessarily inhering in freedom. It not only struck down the institution of slavery as previously existing in the United States, but it prevents the imposition of any burdens or disabilities that constitute badges of slavery or servitude. It decreed universal civil freedom in this country. This court has so adjudged. But, that amendment having been found inadequate to the protection of the rights of those who had been in slavery, it was followed by the fourteenth amendment, which added greatly to the dignity and glory of American citizenship, and to the security of personal liberty, by declaring that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,' and that 'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Finally, and to the end that no citizen should be denied, on account of his race, the privilege of participating in the political control of his country, it was declared by the fifteenth amendment that 'the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude.

These notable additions to the fundamental law were welcomed by the friends of liberty throughout the world. They removed the race line from our governmental systems. They had, as this court has said, a common purpose, namely, to secure 'to a race recently emancipated, a race that through many generations have been held in slavery, all the civil rights that the superior race enjoy.

Strauder v. Rives, Id. At the present term, referring to the previous adjudications, this court declared that 'underlying all of those decisions is the principle that the constitution of the United States, in its present form, forbids, so far as civil and political rights are concerned, discrimination by the general government or the states against any citizen because of his race.

All citizens are equal before the law. The decisions referred to show the scope of the recent amendments of the constitution.



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