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Plessy Vs Ferguson

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In the Plessy vs. Ferguson case which occurred in 1896s, the United States Supreme Court had legalized segregation in public facilities provided that facilities for blacks and whites were equal Constitutional laws known as “Jim Crow” forbade black-colored people from sharing the same buses, schools, and other public facilities as whites, creating “separate but equal” doctrine. The term mean that the black people and white people are racially segregated while maintaining equal opportunities to both race. Yet, In a social context, they are stills treated differently because access to services opportunities, public places and legal rights are not the same for the blacks and the whites. This has been applied for 6 decades. In the early 1950s, the …show more content…

Ferguson. They claimed that the states had already made great effort to make their facilities equal as much as possible, therefore, the equal protection clause of the Constitution did not require the blacks to be integrated in the facilities. In their opinion, there is still inequality between the blacks and the white because African Americans still needed time to overcome the effects of slavery. This is very ironic because it means separating black children from white children is a favor for blacks. Their opinion was based on 4 arguments. First, they claimed that the Constitution did not require specifically the states to make sure that white and blacks children.s to attend the same schools. Second, social separation of blacks and whites is a regional issue, therefore, each states should have the free way to regulate their own social affair as they want to do it. Third, segregated school is not harmful to black people since their right to an education is not broken. Finally,blacks must already be grateful that whites make an effort to equalize both educational systems.The fact that black children are still affected by the effects of slavery makes it difficult for them to compete with children in the same classroom. Therefore, its better to have separate schools. The arguments of the defenders of segregation does not respect the Fourteenth Amendment. The section 1 of the Amendment state that “... no …show more content…

This doesn't necessarily mean that the government had violated the Equal Protection Clause unless the group being single out belongs to the “suspect class”. In a footnote in the United States v. Carolene Products Co, a suspect class is the people who are known as “discrete and insular minority” who are the groups of people who have been historically discriminated. If the plaintiffs are not covered by this category, the court may consider that there has been no violation of the equal protection clause. If the government classification single out a “suspect class”, the Court can take action called Strict Scrutiny or in other word, the "Court’s least deferential standard of review”. The Court will rely on two aspects to determine whether the classification of the suspect class is an unconstitutional violation of the equal protection of the law. It will analyze whether the objective of the classification is sufficiently convincing and whether the measures taken are appropriate and adapted for this purpose. If the answer to both aspects is negative, then there is a violation. It is clear that African-Americans belong to the suspect class and discrete and insular minority because they have been victims of prejudice, inequality, racism and discrimination for hundreds of years. Therefore, in “Brown v. Board”, segregated schools violate the equal protection clause of the Fourteenth Amendment and the US

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