Name __________________________
Date: ________________
Section: 11.1
11.2
(circle one)
U. S. History II
HW 1.6: Plessy v. Ferguson
What the Court Decided
Justice Henry B. BROWN delivered the majority opinion of the Supreme Court on May
18, 1896. He wrote in part:
“The object of the [14th] Amendment 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 distinguished from political
equality, or commingling [mixing] of the two races upon terms
unsatisfactory to either. Laws permitting, and even requiring their
separation, in places where they are liable to be brought into contact,
do not necessarily imply the inferiority of either race to the other, and
have been generally, if not universally, recognized as within the
competency [responsibilities] of the state legislatures in the exercise
of their police power.
…If the civil and political rights of both races be equal, one cannot be
inferior to the other civilly or politically. If one race be inferior to the
other socially, the Constitution of the United States cannot put them
upon the same plane.”
Close-Reading Questions
1. What does Justice Brown mean when he says “it [the 14th Amendment] could not
have been intended to abolish distinctions based upon color”?
2. What is the difference between social equality and civil and political equality?
3. What does Justice Brown believe about the power of states to enforce segregation
laws?
4. How does Justice Brown see the place of African Americans in American society?
Name __________________________
Date: ________________
Section: 11.1
11.2
(circle one)
Justice John Marshall HARLAN dissented. He wrote in part:
“It is said in argument that the statute of Louisiana does not
discriminate against either race, but prescribes a rule applicable alike to
white and colored citizens. But…everyone knows that the [law] in
question had its origin in the purpose, not so much to exclude white
persons from railroad cars occupied by blacks, as to exclude colored
people from coaches occupied by or assigned to white persons.…
Further, if this [law] of Louisiana is consistent with the personal liberty
of citizens, why may not the state require the separation in railroad
coaches of native and naturalized citizens of the United States, or of
Protestants and Roman Catholics? …
The white race deems itself to be the dominant race in this country.
And so it is, in prestige, in achievements, in education, in wealth, and in
power…. But in view of the Constitution, in the eye of the law, there is in
this country no superior, dominant, ruling class of citizens…. Our
constitution is color-blind, and neither knows nor tolerates classes
among citizens. In respect of civil rights, all citizens are equal before the
law…The present decision will not only stimulate aggressions upon the
rights of colored citizens, but will encourage the belief that it is possible,
by means of state [laws], to defeat the beneficent purposes which the
people of the United States had in view when they adopted the recent
amendments of the Constitution.”
Close-Reading
1.
2.
3.
4.
What does Justice Harlan think was the real purpose of the Separate Car Act in Louisiana?
Why does Justice Harlan bring Protestants and Roman Catholics into his argument?
What does Justice Harlan mean when he says “all citizens are equal before the law”?
What does Justice Harlan predict will be the result of this Supreme Court decision?
Name __________________________
Date: ________________
Section: 11.1
11.2
(circle one)
Homework
1. Add an identification for Plessy v. Ferguson (including date, definition, and significance) to
the Key Terms section of your binder.
2. In 3-4 sentences, summarize the argument made by Justice Henry Brown, who
delivered the majority opinion.
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3. In 3-4 sentences, summarize the arguments made by Justice John Harlan, who
dissented.
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