Comparative Public Law Case Study
Symbiosis Law School, Pune
(Constituent Symbiosis International Deemed University)
Accredited by NAAC( UGC) with grade ‘A’
Post graduate department of law
Pune
Comparative public Law - I First Assignment
“DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS”
SUBMITTED BY
SHREYA CHAURASIA
L.L.M .I ST SEMESTER
ROLL NO. 64
PRN-15010143064
[2015-2016]
Introduction
“No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V
Article [V] (Amendment 5 - Rights of Persons)
No person shall be held to
…show more content…
Supreme Court, on May 18, 1896, by a seven-to-one majority (one justice did not participate), advanced the controversial “separate but equal” doctrine for assessing the constitutionality of racial segregation laws. Plessy v. Ferguson was the first major inquiry into the meaning of the Fourteenth Amendment’s (1868) equal-protection clause, which prohibits the 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 …show more content…
The law required that all railroads operating in the state provide “equal but separate accommodations” for white and African American passengers and prohibited passengers from entering accommodations other than those to which they had been assigned on the basis of their race. In 1891 a group of Creole professionals in New Orleans formed the Citizens’ Committee to Test the Constitutionality of the Separate Car Law. They hired Albion Tourgée, a Reconstruction-era judge and social reformer, as their legal counsel. As plaintiff in the test case the committee chose a person of mixed race in order to support its contention that the law could not be consistently applied, because it failed to define the white and “coloured” races. Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act. At Plessy’s trial in U.S. District Court, Judge John H. Ferguson dismissed his contention that the act was unconstitutional. After the state Supreme Court affirmed the district court’s ruling, the U.S. Supreme Court granted certiorari, and oral arguments were heard on April 13,
Plessy Vs Ferguson Case Study
1002 Words | 5 PagesAfter his refusal to leave, he was arrested and convicted for not abiding by the Separate Car Act. The Separate Car Act was one of the first acts that had separated any races from another. This sparked many controversies that had occurred in the United States
Summary Of The Plessy Vs. Ferguson Case
660 Words | 3 PagesPlessy v. Ferguson Case The Plessy v. Ferguson case is often looked at as one of the most well-known cases to make it to the U.S. Supreme Court. This case took place in 1896 and received much attention from both the black and white press, and was mainly accountable for the spread of segregation in the United States. In 1890, Louisiana passed a law that required blacks and whites to be separated on railroad cars.
Homer Plessy Vs. Fergusen: Supreme Court Case
548 Words | 3 PagesPlessy 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.
Is Plessy V. Ferguson An Important Case In The 1900's
1112 Words | 5 PagesThe United States Supreme Court case of Plessy v. Ferguson was an extremely important case in the 1900’s. The case began in 1892 when an African American man refused to sit in a certain train car due to his ethnicity. This Supreme Court case upheld many doubts on the constitutionality of segregation. At the time of the ruling, the African Americans and the Caucasians were segregated in most public facilities, restaurants, and even public schools.
Plessy V. Ferguson Case Study
470 Words | 2 PagesAfter his arrest, black civil right organization challenged the law (Wormser, n.d.). Plessy intentionally sat in the white section, and got arrested. The case ended going to the Supreme Court in 1986. Attorney for Plessy argued that the Separate Car Act violated his 13th and 14th Amendments (Wormser, n.d.).
Why Is Plessy V. Ferguson Important
552 Words | 3 PagesPlessy v. Ferguson The Supreme Court of Plessy v. Ferguson, argued on April 13, 1896, involved a man identified as Homer Adolph Plessy. Plessy was a man of seven - eighths Caucasian and one - eighths of African descent in the State of Louisiana who was denied to sit in a passenger train car reserved for “whites only.” The case questioned the Supreme Court whether Louisiana’s law mandating racial segregation infringes the Fourteenth Amendment of the United States Constitution.
Essay On Plessy V Ferguson
416 Words | 2 PagesHe was soon arrested for violating the 1890 law. When Plessy was convicted of violating the 1890 law during his trial, he soon filed a petition against the judge, John H. Ferguson. Ferguson
The Plessy Vs. Ferguson Case
424 Words | 2 PagesCan 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.
Why Is Plessy V. Ferguson Important
427 Words | 2 PagesFerguson 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.”
Supreme Court Cases: The Plessy V. Ferguson Case
539 Words | 3 PagesThe facts that support this is that, Plessy violated the act of the separation of blacks and whites. It also stated that what occurred conflicted with the 13th and 14th amendment. On top of this, “…the court sustained the demurrer, overruled the plea, and ordered petitioner to plead over to the facts set forth in the information…” (Plessy V. Ferguson). This was the information behind the case and would only be continued if the judge had a writ of prohibition.
Reconstruction Dbq Essay
946 Words | 4 PagesOn May 18, 1896, the Supreme Court ruled in the Plessy vs. Ferguson law case that separate-but-equal facilities on trains were constitutional.” It is deplorable that such laws were created by Southern Republics to ensure that African Americans would maintain to be treated inferior to them. This includes making segregation a law. Blacks and whites could no longer dine together, sit on the bus together, get an education together,
Plessy V. Ferguson's Theory Of Civil Rights
1551 Words | 7 PagesFor 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
Post Civil War And Reconstruction Essay
393 Words | 2 PagesParticularly in the South, they continued to seek opportunities to legal slavery. As a result, Southerners pass a state law, Black Codes, during reconstruction. This law restricted the civil rights and public activities of legally freed African Americans. Owning weapons, freedom of movement, and land ownerships were against Black Codes. Plessy vs. Ferguson (1896), the court case that upheld authority of the state law claiming, “separate-but-equal facilities for whites and blacks” , led up to another significant factor, segregation, which arose to be controversy in mid-1900s.
Jim Crow Law: The Plessy Vs. Ferguson Case
1062 Words | 5 PagesPlessy vs. Ferguson was a case that attempted to prove that the Jim Crow lawintervened with the fourteenth amendment in May 18, 1896. To give you a brief description about the Fourteenth Amendment, The Fourteenth Amendment was ratified on July 9, 1868 in the US Constitution. The Fourteenth Amendment broad goal was to ensure that the Civil Rights Act passed in 1866 would remain valid ensuring that "all persons born in the United States..." people that are born in the United States of America are given citizenship. Also, born citizenship provides "full and equal benefit of all laws."
A Brief Note On Pluralistic Society In The United States
1329 Words | 6 PagesThe ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
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