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5 2022-08-03 20:21 *

https://en.wikipedia.org/wiki/Plessy_v._Ferguson
Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal".[2][3] The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era (1865–1877).

The underlying case began in 1892 when Homer Plessy, a mixed-race man, deliberately boarded a "whites-only" train car in New Orleans. By boarding the whites-only car, Plessy violated Louisiana's Separate Car Act of 1890, which required "equal, but separate" railroad accommodations for white and non-white passengers. Plessy was charged under the Act, and at his trial his lawyers argued that judge John Howard Ferguson should dismiss the charges on the grounds that the Act was unconstitutional. Ferguson denied the request, and the Louisiana Supreme Court upheld Ferguson's ruling on appeal. Plessy then appealed to the U.S. Supreme Court.

In May 1896, the Supreme Court issued a 7–1 decision against Plessy, ruling that the Louisiana law did not violate the Fourteenth Amendment to the U.S. Constitution and stating that although the Fourteenth Amendment established the legal equality of whites and blacks it did not and could not require the elimination of all "distinctions based upon color". The Court rejected Plessy's lawyers' arguments that the Louisiana law inherently implied that black people were inferior, and gave great deference to American state legislatures' inherent power to make laws regulating health, safety, and morals—the "police power"—and to determine the reasonableness of the laws they passed. Justice John Marshall Harlan was the lone dissenter from the Court's decision, writing that the U.S. Constitution "is color-blind, and neither knows nor tolerates classes among citizens", and so the law's distinguishing of passengers' races should have been found unconstitutional.

Plessy is widely regarded as one of the worst decisions in U.S. Supreme Court history.[4] Despite its infamy, the decision has never been explicitly overruled.[5] But a series of the Court's later decisions, beginning with the 1954 decision Brown v. Board of Education—which held that the "separate but equal" doctrine is unconstitutional in the context of public schools and educational facilities—have severely weakened Plessy to the point that it is considered to have been de facto overruled.[6] The US Congress regards Plessy as having been overruled by Bob Jones University v. United States.[7]

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