Tuesday, November 9, 2021

(Mock Trial) Plessy v. Ferguson

    The case of Plessy v. Ferguson is one that became a landmark decision made by the Supreme Court in the late 1890s. Homer Plessy was an African American with fair skin. Plessy passed as a white man and lived in a white society because of his skin. This case was based on the fact that a mixed man was jailed for sitting in the whites-only section on a train when it was forbidden and refused to move to his correct place on the train.




     Recalled, in the past, white Americans had more privileges than black Americans. So in this case, when it came to being a passenger on a locomotive, whites were first class and blacks were second class. Plessy bought a first-class ticket from New Orleans, Louisiana to Covington, Louisiana. When he boarded the "whites only" railroad car and handed his ticket to the conductor, J.J. Dowling, Plessy had to tell the conductor that he was one-eighth black.

  Why? Keep in mind, Plessy was seven-eighths whiteHe was told to move to the colored car but refused to do soThe conductor took fury to this and called police. From there, Plessy was thrown off the train then was arrested and beaten by police. As Plessy was doing no harm, he was still jailed. Although Plessy used no force at all, the conductor AND police used violent and physical force. 

    Plessy then challenged the Jim Crow laws stating that it violated the Equal Protection Clause. The case went all the way up to the Supreme Court. It is to be said that Plessy was kicked off because of bad morals and that he should be treated as equal. This being said, this case goes against the 13th and 14th Amendments, which "abolished slavery “within the United States, or any place subject to their jurisdiction" and "guaranteed all citizens 'equal protection of the laws' ". In addition, Plessy was born in the states thus no matter skin color, should have the same rights. According to the legal arguments in Plessy's defense, this case was unconstitutional. To continue, the bible was used to back up this matter. In other words, the bible said " Masters should respect the slaves because they too are slaves to the lord." 

    Now, in Ferguson's (John Howard Ferguson) defense, he argued that black Americans were ungrateful and that they violated the law. Said in History. com, In declaring separate-but-equal facilities constitutional intrastate railroads, the Court ruled that the protections of the 14th Amendment applied only to political and civil rights (like voting and jury service), not "social rights" (sitting in the railroad car of your choice).

https://www.history.com/topics/black-history/plessy-v-ferguson

    In Fergusons legal argument, it is said that the state has the right to make laws for public safety. Also, Plessy tampered with the Separate Car Act. The argument was also more personal than legal. Therefore, the Court, 7-1, decided that its ruling goes to the state and not Plessy. In the words of Judge Henry Brown," If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it."










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