plessy v ferguson

Plessy was convicted and sentenced to pay a $25 fine. Railroad Co. v. Husen, 95 U. S. 465; Louisville & N. R. Co. v. Kentucky, 161 U. S. 677, 16 Sup.

[43] The principles of Plessy v. Ferguson were affirmed in Lum v. Rice (1927), which upheld the right of a Mississippi public school for white children to exclude a Chinese American girl. Constr. Statement of the Facts: A Louisiana state law (the Separate Car Act) permitted separate railway cars for African Americans and Caucasians. R. 111, 1 Inter St. Commerce Com. Alone in the minority was Justice John Marshall Harlan, a former slaveholder from Kentucky.

Die Benennung des Falls ergibt sich, amerikanischen Rechtstraditionen entsprechend, aus den Namen der beiden als Prozessparteien beteiligten Personen, dem Schuhmacher Homer Plessy und dem Richter John Howard Ferguson, sowie der Abkürzung für den aus dem Lateinischen entnommenen juristischen Fachausdruck „versus“ (deutsch: „gegen“). Gibson v. Mississippi, 162 U.S. 565. ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. Intrastate railroads were among many segregated public facilities the verdict sanctioned; others included buses, hotels, theaters, swimming pools and schools.


Persons belonging to it are, with few exceptions, absolutely excluded from our country.
I cannot see but that, according to the principles this day announced, such state legislation, although conceived in hostility to, and enacted for the purpose of humiliating, citizens of the United States of a particular race, would be held to be consistent with the Constitution. It is true that the real and personal property necessary to the establishment and management of the railroad is vested in the corporation, but it is in trust for the public. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens.

Plessy v. Ferguson.

of separate schools for children of different ages, sexes and colors, and that they might also establish special schools for poor and neglected children, who have become too old to attend the primary school and yet have not acquired the rudiments of learning to enable them to enter the ordinary schools. The right of eminent domain nowhere justifies taking property for a private use. "use strict";(function(){var insertion=document.getElementById("citation-access-date");var date=new Date().toLocaleDateString(undefined,{month:"long",day:"numeric",year:"numeric"});insertion.parentElement.replaceChild(document.createTextNode(date),insertion)})(); FACT CHECK: We strive for accuracy and fairness.

It was held to be a covert attempt on the part of the municipality to make an arbitrary and unjust discrimination against the Chinese race.

I am of opinion that the statute of Louisiana is inconsistent with the personal liberty of citizens, white and black, in that State, and hostile to both the spirit and letter of the Constitution of the United States. […] Ein Gesetz, das lediglich eine rechtliche Unterscheidung zwischen der weißen und der schwarzen Rasse beinhaltet – eine Unterscheidung, die auf der Hautfarbe der beiden Rassen beruht, und die immer bestehen wird, solange weiße Menschen von denen der anderen Rasse aufgrund ihrer Hautfarbe unterscheidbar sind – hat nicht die Absicht, die rechtliche Gleichheit beider Rassen zu untergraben. All citizens are equal before the law.' In respect of civil rights, all citizens are equal before the law. A statute may be unreasonable merely because a sound public policy forbade its enactment. [12] In speaking for the court's decision that Ferguson's judgment did not violate the 14th Amendment, Louisiana Supreme Court Justice Charles Erasmus Fenner cited a number of precedents, including two key cases from Northern states. Penalties are prescribed for the refusal or neglect of the officers, directors, conductors, and employees of railroad companies to comply with the provisions of the act. . While there may be in Louisiana persons of different races who are not citizens of the United States, the words in the act "white and colored races" necessarily include all citizens of the United States of both races residing in that State.

639; People v. King (N. Y. So, in Inhabitants of Worcester v. Western Railroad Corporation, 4 Met. The managers of the railroad are not allowed to exercise any discretion in the premises, but are required to assign each passenger to some coach or compartment set apart for the exclusive use of is race. ", The Thirteenth Amendment does not permit the withholding or the deprivation of any right necessarily inhering in freedom. 393, 404. Plessy galt zwar nach der One-Drop-Rule aufgrund einer schwarzen Urgroßmutter juristisch als Schwarzer, war jedoch äußerlich nicht als solcher zu erkennen. 19 How. 438, 448: 'This end can neither be accomplished nor promoted by laws which conflict with the general sentiment of the community upon whom they are designed to operate. in damages for a refusal to receive him into the coach in which he properly belongs is a valid exercise of the legislative power. State v. McCann, 21 Ohio St. 198; Lehew v. Brummell, 15 S.W.Rep. ", Mr. Justice Strong, delivering the judgment of, this court in Olcott v. The Supervisors, 16 Wall. When the government, therefore, has secured to each of its citizens equal rights before the law, and equal opportunities for improvement and progress, it has accomplished the end for which it was organized, and performed all of the functions respecting social advantages with which it is endowed.' John H. Ferguson, claiming that the law violated the Equal Protection Clause of the 14th Amendment. The present decision, it may well be apprehended, will not only stimulate aggressions, more or less brutal and irritating, upon the admitted rights of colored citizens, but will encourage the belief that it is possible, by means of state enactments, to defeat the beneficent purposes which the people of the United States had in view when they adopted the recent amendments of the Constitution, by one of which the blacks of this country were made citizens of the United States and of the States in which they respectively reside, and whose privileges and immunities, as citizens, the States are forbidden to abridge. The case involved a challenge to Louisiana laws requiring separate railcars for African Americans and whites.… …   Universalium, Plessy v. Ferguson — (1896) Sentencia de la Corte Suprema de EE.UU. "Personal liberty," it has been well said, "consists in the power of locomotion, of changing situation, or removing one's person to whatsoever places one's own inclination may direct, without imprisonment or restraint unless by due course of law.". Sipuel v. Board of Regents of Univ. While this was the case of a municipal ordinance, a like principle has been held to apply to acts of a state legislature passed in the exercise of the police power.

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