Plessy v. Ferguson (1896)

Background Summary and Questions

Vocabulary

segregation (to segregate)

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arrested (to arrest)

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unconstitutional (constitutional)

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guilty

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petition (to petition)

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In 1890, Louisiana passed a law called the "Separate Car Act." This law said that railroad companies must provide separate but equal train cars for whites and blacks. Blacks had to sit with blacks and whites had to sit with whites. This is called segregation. Anyone who broke this law would have to pay $25 or go to jail for 20 days.

Homer Plessy was a 30-year-old shoemaker who lived in Louisiana. On June 7, 1892, Plessy purchased a train ticket from New Orleans to Covington, Louisiana. Plessy was one-eighth black (seven of his great grandparents were white and one was black), but under Louisiana law he was considered black. Therefore, he was required to sit in the "Colored" car. However, Plessy sat in the "White" car and was arrested.

Plessy argued to the district court that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. The Thirteenth Amendment says that slavery is illegal anywhere in the United States, and the Fourteenth Amendment says that the government must treat all people equally.

John Howard Ferguson, the district court judge, said that in a previous court case that the Separate Car Act was unconstitutional for trains running outside of Louisiana. However, he decided that the law was constitutional for trains running inside the state and found Plessy guilty.

The Louisiana State Supreme Court agreed with Judge Ferguson that the Separate Car Act was constitutional. Plessy then took his case, Plessy v. Ferguson, to the Supreme Court of the United States (the highest court in the country).

Questions to Consider:

  1. What law did Homer Plessy break? How did Plessy break this law?

     
  2. What rights do the Thirteenth and Fourteenth Amendments to the Constitution provide?

     
  3. Why did Plessy believe that the Separate Car Act violated his Thirteenth and Fourteenth Amendment rights?

  4. Judge Ferguson decided that the state could make laws for railroad companies that traveled within the state but not for those that traveled between states. How can Judge Ferguson treat these two situations differently?

  5. Do you think it is possible for blacks and whites to be separate and equal? Why or why not? If so, describe an example or situation where people can be separate and equal.
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Background Summary
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Diagram of How the Case Moved Through the Court System
 
Key Excerpts from the Majority Opinion
 
Key Excerpts from the Dissenting Opinion
  
Full Text of the Majority Opinion

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Activities
    The Case
Reinforcing the Case Facts With a Cartoon

Does Treating People Equally Mean Treating Them the Same?
 

Fourteenth Amendment vs.
Tenth Amendment:
Federalism

 

Interpreting the Constitution
 

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    After the Case
The Impact of the Case: Separate But Equal
 

How a Dissent Can Presage a Ruling
 

Case Study of Integration -- Little Rock
 

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