Eleanor Finch
The interpretation of the Fourteenth Amendment with respect to racial segregation has been a contentious issue in the history of the United States. The Plessy v. Ferguson case in 1896 ruled that racial segregation did not violate the Fourteenth Amendment as long as the facilities provided were equal, a doctrine known as separate but equal. This decision legitimized state-sponsored segregation and Jim Crow laws, which mandated the separation of whites and African Americans. However, in 1954, the Brown v. Board of Education case unanimously overruled Plessy v. Ferguson, holding that separate schools for blacks and whites violated the Equal Protection Clause. This marked a turning point in the struggle to dismantle segregation in American society. The interpretation of the Fourteenth Amendment has evolved to interpret segregation as a violation of equal protection, showcasing the flexibility of constitutional interpretation.
| Characteristics | Values |
|---|---|
| Date of Plessy v. Ferguson case | 18th May 1896 |
| Plessy v. Ferguson ruling | Segregation in America was constitutional as long as the facilities for each race were equal in quality |
| Basis of Plessy v. Ferguson ruling | Fourteenth Amendment's Equal Protection Clause |
| Impact of Plessy v. Ferguson | Cemented racist Jim Crow-era laws |
| Date Plessy v. Ferguson overruled | 1954 |
| Case that overruled Plessy v. Ferguson | Brown v. Board of Education |
| Impact of Brown v. Board of Education | Outlawed segregated public education facilities for blacks and whites at the state level |
| Date of Loving v. Virginia | 1967 |
| Impact of Loving v. Virginia | Supreme Court held that laws prohibiting interracial marriages violated Equal Protection |
| Segregation in the North | Required by law, e.g. in Boston school segregation case |
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What You'll Learn
The Plessy v. Ferguson Supreme Court decision of 1896
The case made its way up to the US Supreme Court, which ruled 7-1 that segregation was constitutional, as long as the facilities provided to each race were equal in quality. This became known as the "'separate but equal' doctrine." The Court's decision upheld Louisiana's train car segregation laws and effectively legitimized the many state "Jim Crow laws" that enforced racial segregation in the American South. The Plessy decision set a precedent that allowed segregation to become a part of day-to-day life for the next sixty years, until it was finally overruled in 1954 by Brown v. Board of Education.
The Plessy v. Ferguson case is often interpreted as an example of flexible constitutional interpretation, where the Supreme Court's broad interpretation of the Fourteenth Amendment's Equal Protection Clause allowed for the legalisation of segregation. The Court ruled that while the Fourteenth Amendment guaranteed legal equality for all races, it did not prevent social or other types of discrimination. This interpretation enabled the Court to justify segregation as long as the facilities provided were ostensibly equal.
However, the "separate but equal" doctrine was not without its critics. Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson stated, "Our Constitution is colour-blind...” and predicted that the decision would stimulate aggressions and encourage beliefs that state enactment could defeat the beneficent purpose of the recent constitutional amendments. Despite these predictions, no great national protest followed the decision, and it took several decades before the Warren Court started a liberal constitutional revolution that outlawed segregation and "separate but equal".
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The separate but equal doctrine
The "separate but equal" doctrine was a legal principle adopted by the United States in the late 19th and early 20th centuries that allowed racial segregation in public facilities as long as the facilities provided for each race were ostensibly equal. This doctrine was based on a flexible interpretation of the Constitution, specifically the Equal Protection Clause of the Fourteenth Amendment, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws".
The "separate but equal" doctrine was first established in the case of
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The 14th Amendment and the Equal Protection Clause
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights to formerly enslaved people. The amendment addresses many aspects of citizenship and the rights of citizens, including the "equal protection of the laws", which has been frequently litigated.
The text of the Fourteenth Amendment includes:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment's Equal Protection Clause has been central to many landmark cases, including Brown v. Board of Education, which challenged racial segregation in schools. In this case, the Supreme Court unanimously overruled Plessy v. Ferguson, which had previously established the “separate but equal" doctrine, ruling that separate schools for black and white students were constitutional. The "separate but equal" doctrine, confirmed in the 1896 Plessy v. Ferguson decision, held that as long as purportedly equally suitable facilities were provided for each race, state and local governments could require services, facilities, and other accommodations to be segregated by race. This decision cemented racist Jim Crow-era laws and emboldened segregationist states.
In Brown v. Board of Education, the Supreme Court held that separate schools for black and white students violated the Equal Protection Clause, marking a turning point in the struggle to dismantle government-imposed segregation in education and broader American society. This case, along with Bolling v. Sharpe, outlawed segregation in public education at the state level and in the District of Columbia, respectively. However, the implementation of these changes was long and contentious, and racial discrimination remains an issue.
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The role of Justice John Marshall Harlan's dissent
Justice John Marshall Harlan's dissent in Plessy v. Ferguson (1896) is considered a landmark moment in American constitutional history, earning him the label "the Great Dissenter". In this case, the Court, in a 7-1 decision, upheld a state law providing for racial segregation, continuing its narrow interpretation of the Fourteenth Amendment.
Harlan's dissent stood out for several reasons. Firstly, he asserted that "our Constitution is colour-blind", challenging the notion of a dominant ruling class based on race. He argued that it was wrong to allow states to "regulate the enjoyment of citizens' civil rights solely on the basis of race". This stance was particularly notable given his background as a former slaveholder from a prominent slaveholding family in Kentucky. Secondly, Harlan predicted that the decision would plant the "seeds of race hate" into state law, recognising the enduring harm that segregation would cause. Thirdly, despite being in the minority, Harlan's dissent inspired future civil rights advocates and played a role in sustaining the faith of African Americans in the legal system. Thurgood Marshall, for example, drew on Harlan's Plessy dissent in his own legal work.
Harlan's dissenting opinions extended beyond Plessy v. Ferguson. He dissented in the Civil Rights Cases (1883), writing that allowing private individuals to discriminate created a "badge of slavery" that marked minorities as inferior, violating the Reconstruction Amendments. In Berea College v. Kentucky (1908), he was the lone dissenter when the Court ruled that a segregation law could be enforced by the state against an integrated college. Additionally, he dissented when the Supreme Court refused to grant civil rights protections to Chinese victims of racial violence in California, demonstrating his commitment to racial equality and justice.
In conclusion, Justice John Marshall Harlan's dissent in Plessy v. Ferguson and other cases played a significant role in shaping legal and social understandings of racial equality and civil rights. His dissents, though often lonely acts of courage, inspired future generations of civil rights advocates and contributed to the eventual overturning of segregation laws.
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The impact on educational segregation
Segregation in education has had a profound and lasting impact on students, particularly students of colour. The "separate but equal" doctrine, which was a legal interpretation of the Fourteenth Amendment, allowed for racial segregation in education as long as the facilities provided to each race were equal. This interpretation was used to justify segregation in schools, with the Plessy v. Ferguson Supreme Court case of 1896 being a key example.
The impact of educational segregation was, and continues to be, significant. Firstly, it resulted in unequal funding, with schools serving students of colour receiving significantly less funding than those serving white students. This led to issues such as overcrowding, inadequate supplies, and underpaid teachers. Secondly, educational segregation contributed to the racial and economic segregation of school districts. Predominantly Black and Hispanic schools are often in low-income areas, receiving less money due to funding systems relying on property taxes. This nexus of racial and economic segregation has widened the educational gaps between rich and poor students and between white students and students of colour.
The efforts to desegregate schools through lawsuits and the Civil Rights Movement resulted in the landmark Brown v. Board of Education case in 1954, where the US Supreme Court unanimously ruled that state-sanctioned school segregation was unconstitutional. This marked a turning point in the struggle against government-imposed segregation. However, the implementation of desegregation was a long and challenging process, and many schools remained segregated for years afterward.
Even today, American schools remain largely separate and unequal, with over half of the nation's schoolchildren in racially concentrated districts. The legacy of educational segregation continues to affect students, with dropout rates higher in districts that discontinued integration programs, particularly among Black and Hispanic students. Additionally, the emotional well-being of students of colour is impacted by segregation, as evidenced by studies showing emotional impairment among Black students when segregated at a young age.
Addressing the impact of educational segregation requires ongoing efforts to ensure equitable access to quality education for all students, regardless of race, ethnicity, and socioeconomic background. Leaders in education are seeking solutions to bridge the achievement gap between minority and white children and to address the disparities caused by segregation.
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Frequently asked questions
The Plessy v. Ferguson case was a landmark U.S. Supreme Court decision in 1896 that ruled racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality. This became known as the "separate but equal" doctrine.
The Plessy v. Ferguson case legitimized segregation laws in the U.S., particularly in the South, and provided a basis for further segregation laws. It allowed state-sponsored segregation and emboldened segregationist states during the Jim Crow era.
The Plessy v. Ferguson case was unanimously overruled in 1954 by the U.S. Supreme Court in Brown v. Board of Education. The Court held that segregated public education facilities for blacks and whites at the state and federal levels violated the Equal Protection Clause of the Constitution.
