Plessey V Ferguson: The Mythology of Separate but Equal

in #plessey5 months ago

This is part five of our ongoing series "That Was A Long Time Ago'. We are examining the impact of the legal system has shaped the present

The Plessey v. Ferguson Supreme Court Decision of 1896: A Historical Perspective

In 1896, the United States Supreme Court delivered one of its most infamous rulings in the case of Plessey v. Ferguson. This decision legally upheld the practice of segregation and laid the foundation for the disenfranchising and soul -crushing “separate but equal” doctrine, which would shape American society for decades to come.

The Birth of “Separate but Equal”

The Plessey v. Ferguson ruling legitimized the Jim Crow laws that enforced segregation across the southern United States, embedding the doctrine of “separate but equal” into the country's legal framework. This doctrine was inherently discriminatory, as it positioned Black Americans as second-class citizens immediately after they were granted citizenship by the 14th Amendment.

Two Especially Galling Court Opinions

Racial Prejudice and Legislation

In Plessey, 163 U.S. at 551, the court opined that: > "The court rejected the notion that law [Segregation] marked black Americans with a ‘badge of inferiority’ and stated that racial prejudice could not be overcome by legislation." While it is true that legislation alone cannot eradicate racial prejudice, laws have the power to condemn such attitudes and make them unacceptable in society. By failing to use legislation as a tool to denounce racial prejudice, the court allowed these harmful biases to become socially normative.

The Fourteenth Amendment’s Intent

Another troubling opinion from the case can be found in Plessey, 163 U.S. at 543–44, where the court stated: > "The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but 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 upon terms unsatisfactory to either." This perspective is deeply rooted in racism and lies at the very core of the ruling. The court had a duty to strike down laws that supported and perpetuated racial inequality and prejudice. Instead, it condoned both legal (de jure) and practiced (de facto) racial discrimination.

Plessey’s Impact and Legacy

The Plessey decision essentially placed Black Americans at the bottom of the social and legal hierarchy. While the 14th Amendment had the intention of integrating Blacks into the system as equals, Plessey imposed legal barriers that relegated them to second-class status. The doctrine of “separate but equal” was inherently flawed and discriminatory. It restricted the rights and opportunities of Black citizens solely based on their skin color, ensuring inequality and fostering an environment of passive indifference and open hostility. This climate made the oppression of Black Americans not only prevalent but also deeply institutionalized.

More onPlessey in the next part

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