Plessy v. Ferguson

More to Explore

People and Groups

Themes

Events

Related Topics

Recommended Articles

  • Freedmen's Bureau

    Freedmen's Bureau

    Congress created the Bureau of Refugees, Freedmen, and Abandoned Lands in March 1865 to assist former slaves in post-Civil War America.

  • Black Codes

    Black Codes

    After the Civil War, former Confederate states passed laws known as "black codes" that restricted the rights of former slaves.

  • The 1960s

    The 1960s

    Discontent, rebellion and social change defined the 1960s in the United States, shaking the country to its core.

  • Carpetbaggers & Scalawags

    During Reconstruction, newly enfranchised African American voters formed a Republican coalition with two small but influential groups.

In this case, the Supreme Court in 1896 upheld the constitutionality of social segregation of the "white and colored races" under the "separate but equal" doctrine. The case came from Louisiana, which in 1890 adopted a law providing for "equal but separate accommodations for the white and colored races" on its railroads. In 1892, passenger Homer Plessy refused to sit in a Jim Crow car. He was brought before Judge John H. Ferguson of the Criminal Court for New Orleans, who upheld the state law. The law was challenged in the Supreme Court on grounds that it conflicted with the Thirteenth and Fourteenth Amendments.

By a 7-1 vote, the Court said that a state law that "implies merely a legal distinction" between the two races did not conflict with the Thirteenth Amendment forbidding involuntary servitude, nor did it tend to reestablish such a condition.

The Court avoided discussion of the protection granted by the clause in the Fourteenth Amendment that forbids the states to make laws depriving citizens of their "privileges or immunities," but instead cited such laws in other states as a "reasonable" exercise of their authority under the police power. The purpose of the Fourteenth Amendment, the Court said, was "to enforce the absolute equality of the two races before the law.... Laws ... requiring their separation ... do not necessarily imply the inferiority of either race." The argument against segregation laws was false because of 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 ... solely because the colored race chooses to put that construction upon it."

The lone dissenter, Kentuckian and former slave owner Justice John Marshall Harlan, denied that a legislature could differentiate on the basis of race with regard to civil rights. He wrote: "The white race deems itself to be the dominant race," but the Constitution recognizes "no superior, dominant, ruling class of citizens." Harlan continued: "Our Constitution is color-blind.... In respect of civil rights all citizens are equal before the law." The Court's majority opinion, he pointed out, gave power to the states "to place in a condition of legal inferiority a large body of American citizens."

Following the Plessy decision, restrictive legislation based on race continued and expanded steadily, and its reasoning was not overturned until Brown v. Board of Education of Topeka in 1954.

The Reader's Companion to American History. Eric Foner and John A. Garraty, Editors. Copyright © 1991 by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

Fact Check We strive for accuracy and fairness. But if you see something that doesn't look right, contact us!

Advertisement

This Day in History

May 22

Lead Story

Great Emigration departs for Oregon, 1843

A massive wagon train, made up of 1,000 settlers and 1,000 head of cattle, sets off down the Oregon Trail from Independence, Missouri. Known as the "Great…

Shop HISTORY

See More