Plessy Vs. Ferguson: Racial Injustice In The 14th Amendment

The 14th Amendment was one of the most significant changes to the Constitution. The amendment contains the equal protection of the laws clause. It was added to the Constitution after the Civil War. The rules that the amendment states have been the result of several Supreme Court cases. The amendment has deeply influenced American History and the perception of equality. The Citizenship clause states that anyone born or naturalized in the United States are citizens of the U.S. and their state. The Due Process law states that no state may deprive any person of life liberty or death. Perhaps the most important clause is the equal protection of the law. The equal protection of the law clause guarantees that every citizen receives the same rights,

The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application. Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their

Born in Maryland, Thurgood Marshall was another activist for civil rights. He went to an all-black law school, after being denied entry into the University of Maryland Law School. He would later take the school to court, and win, for violating the 14th Amendment. He went on to handle many landmark cases, as the primary attorney for the NAACP. One of the history making cases was the previous decision on the Plessy v. Ferguson case, convincing the Supreme Court to overturn the original ruling. He eventually went on to become the first African American supreme Court Justice.

The 14th Amendment Equal Protection Clause explicitly opposes to encourage any form of racial discrimination as the Bill of Rights does not possess equal protection clause. Therefore, in a case revolving around segregation in the area of Washington, D.C. that come under federal law, it has been determined that the Due Process Clause and the Equal Protection Clause function against the federal government and the states respectively.

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For nearly a century, the United States was occupied by the racial segregation of black and white people. The constitutionality of this “separation of humans into racial or other ethnic groups in daily life” had not been decided until a deliberate provocation to the law was made. The goal of this test was to have a mulatto, someone of mixed blood, defy the segregated train car law and raise a dispute on the fairness of being categorized as colored or not. This test went down in history as Plessy v. Ferguson, a planned challenge to the law during a period ruled by Jim Crow laws and the idea of “separate but equal” without equality for African Americans. This challenge forced the Supreme Court to rule on the constitutionality of segregation, and in result of the case, caused the nation to have split opinions of support and

Over time, there have been many interpretations in the meaning of the 14th Amendment due to the use of both explicit and implicit language in the document. Having been written at a time when African-Americans were starting to get their rights. For some at that time, the 14th Amendment meant to just give African-Americans rights but as time progressed, the interpretation of the amendment was challenged and began to change. The 13th Amendment’s meaning is to end slavery in the United States except as a punishment for a crime. The 13th Amendment didn’t help African-Americans because states passed the Jim Crow laws. The 14th Amendment meant no state can make or support any laws that take away the rights of U.S. citizen equal protection under the laws. To understand the intent and purpose of the 14th Amendment, one must analyze the language closely.

Have you ever imagined what it was like for an African American person back in the 1800’s when they were considered “free”? Back then, black people were used as slaves, and they didn’t gain their absolute freedom from slavery until 1865 when it was completely abolished. They gave Africans certain rights that weren’t completely fair. It really makes you question whether black people were really free in that time. When all blacks were released from slavery, what rights did they really have? During that time, African Americans were not entirely free with all of their desired rights, as they still did not have complete political, economic, and social rights.

The fourteenth amendment protects the little people. The people who are slipping through the cracks, the ones that have fallen by the wayside of the majority. Recently, this has meant rulings in favor of same-sex marriage. Historically, it has granted women the right to an abortion and given African Americans the right to go to the same schools as their fellow Americans. In each case, an oppressed or otherwise infringed group from the overreaches of the state, the society at large. But something else has begun to slip through the cracks, and nobody is rushing to save it. It is impossible to tell where this slippage first began, but its ever increasing severity is in full display: Middlebury students turnings their backs and chanting as the

Ferguson was a case of the Supreme Court in 1892 after passenger Homer Plessy traveled on the Louisiana railroad and refused to sit in a car for blacks only. Homer Plessy was brought before Judge John H. Ferguson to a Criminal Court in New Orleans to be trailed for refusing to follow the state law of Louisiana “separate but equal.” Such conflict challenged the violation of the 13th and 14th amendment where they ensure equality for recently emancipated slaves. They stated, “Separate facilities for blacks and whites satisfied the Fourteenth Amendment so long as they were equal.” “In the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory to either.” Therefore, in the final decision of the case the opinion of the majority voted that the separate accommodations imposed by the state of Louisiana did not violate the clause of equal protection for all races. The decision of the justices was based on the on the separate but equal doctrine concluding that segregation is not an unconstitutional way of

Another historical case of racial discrimination was Brown v. Board of Topeka. In the Plessy v. Ferguson case the U.S. court avoided the issue of the protection that citizens were guaranteed under the 14th Amendment. Instead, they just stepped around the issue by saying that it was reasonable for the states to have such laws. Plessy Ferguson case ruled that facilities that were separate and equal were not unconstitutional, but equal. However, the Plessy v. Ferguson case helped African Americans to step in the right direction. At the time of the Plessy Ferguson case the rights of African Americans were being eliminated by laws such as Jim Crow Laws of the the South. In Brown v. Board the U. S. Supreme court

Plessy v Fergusen was yet another court case where “separate but equal” was not implementing equality. It showed that they still thought of Black men and women as being less and not deserving the same rights as the White men. Homer Plessy was a free man, that was mainly White and because of a percentage he had of being Black he was treated as a Black man. He tried to sit in the train car of the White men and much like Rosa Parks was asked to go to the back where the Black men belonged in a different car. This case resulted in the Supreme Court defending the decision of the East Louisiana Railroad stating that they weren't violating any law by the ruling they had. This court case showed that even if Plessy was a part White because he was a part

Mississippi University for Women was established 1884 in the township of Columbus, Mississippi by the Mississippi Legislature. This institution is known for beginning the first all-female university in the United States. The association was formally named the Industrial Institute and College for the Education of White Girls and then renamed for the first time to Mississippi State College for Women in 1920. Over time, the college was changed for the third and final time to Mississippi University for Women to represent the development of the studies offered from the university, in addition to a graduate program in 1974. In the supreme court case, Mississippi University v. Hogan was the defendant in the case, being sued for not allowing admission

Can separate really be equal? The landmark cases Plessy v. Ferguson and Brown v. Board of Education show two sides of an argument that changes the way many people see things today. The Plessy v. Ferguson case set the precedent that segregation was legal when Homer Plessy was convicted for sitting in the white compartment of a train. The Brown v. Board of Education case tore down this precedent when it started the desegregation of schools after two girls had a dangerous walk to their all blacks school everyday. These two cases changed court precedents greatly, one setting a precedent, and the other tearing it down. Without these cases, segregation might still be prevalent in America today.

We, the People’s Party of Minisink Valley High School believe the Equal Protection Clause in the Fourteenth Amendment should be strictly enforced to prevent the unfair enforcement of law due to different racial, religious, ethnic, etc. backgrounds.