The Plessy Case: A Legal-Historical Interpretation
Oxford University Press, 8. 9. 1988 - Počet stran: 282
In 1896 the U.S. Supreme Court case Plessy v. Ferguson upheld "equal but separate accommodations for the white and colored races" on all passenger railways within the state of Louisiana. In this account with implications for present-day America, Lofgren traces the roots of this landmark case in the post-Civil War South and pinpoints its moorings in the era's constitutional, legal, and intellectual doctrines. After reviewing de facto racial separation and the shift by southern states to legislated transportation segregation, he shows that the Fourteenth Amendment became a ready vehicle for legitimating classification by race. At the same time, scientists and social scientists were proclaiming black racial inferiority and lower courts were embracing separate-but-equal in ordinary law suits. Within this context, a group of New Orleans blacks launched a judicial challenge to Louisiana's 1890 Separate Car Law and carried the case to the Supreme Court, where the resulting opinions by Justices Henry Billings Brown and John Marshall Harlan pitted legal doctrines and "expert" opinion about race against the idea of a color-blind Constitution. Throughout his account, Lofgren probes the intellectual premises that shaped this important episode in the history of law and race in America--an episode that still raises troubling questions about racial classification and citizenship--revealing its dynamics and place in the continuum of legal change.
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Plessy in Louisiana The Test Cases
Plessy in Louisiana The Constitutional Clash
The Constitutional Environment Lost Origins and Judicial Deference
The Intellectual Environment Racist Thought in the Late Nineteenth Century
The Transportation Law Environment Access by Leave Not Right
Plessy Before the United States Supreme Court
The Court Decides Jim Crow Affirmed
Speaking to the Future
TABLE OF CASES
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Alexander Porter American argument assignment authority blacks Brown cited citizens citizenship citizenship clause Civil Rights Act claim clause coach Coger colored common carriers common-law conductor Congress constitutional constitutionality decision DeCuir denied deprived Desdunes discrimination dissent doctrine due process enforcement equal accommodations equal protection equal protection clause evidence exemption federal courts federal Supreme Court Ferguson filed first-class Fourteenth Amendment Georgia Harlan Henry Billings Brown Ibid inferior interpretation Interstate Commerce issue Jim Crow Judge judicial jurisdiction jury legislation legislature liberty Louisiana Supreme Court mandated Martinet Mississippi Negro opinion Orleans passengers persons Phillips plea Plessy Plessy's police power police regulations privileges prohibition question race racial separation Railroad Company Railway Company reasonable Reconstruction Republican rule schools seat Section separate car law separate-but-equal slavery smoking car social South Carolina southern state's statute Texas Thirteenth Amendment Tourgée and Walker Tourgée's United States Supreme W. E. B. DuBois Washington York
Strana 178 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation.
Strana 171 - State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Strana 83 - For our purposes we must assume that if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of circumstances could exist to justify such a statute, then we may declare this one void, because in excess of the legislative power of the state. But if it could, we must presume it did. Of the propriety of legislative interference within the scope of...
Strana 71 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Strana 178 - A]mendment 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 distinguish distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.
Strana 90 - ... means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying...
Strana 81 - ... that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Strana 112 - In all things that are purely social we can be as separate as the fingers, yet one as the hand in all things essential to mutual progress.
Strana 69 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Strana 160 - There is also the general police power of the state, by which persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the state, of the perfect right, in the Legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made so far as natural persons are concerned.
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