Plessy v Ferguson: Justice Harlan's Dissent

In response to the infamous Plessy v Ferguson supreme court case, Justice John Marshall Harlen wrote his dissent. This is a written document expressing disagreement with the majority’s ruling. 

In Justice Harlan’s dissent, he explained that everyone has a fundamental right to take action when they deem an action made by the government as wrong. Therefore, this is a valid case that should be considered carefully. 

Justice Harlan also notes that in practice, segregation laws are clearly meant to exclude blacks from services meant for whites. Not the other way around. Furthermore, whites may see themselves as superior, however, that is not supported in writing in the law. Thus, it would infringe on personal liberty to enforce segregation based on skin color alone. 

In all, Justice Harlan says that we can’t praise freedom as a country when not everyone is given equal rights. I believe this is a very strong argument and probably ahead of its time. 

I think Justice Harlan’s dissent was very important to share as it helped spread awareness and grow the popularity of integration. Today, his ideas would be embraced as we move forward to an even more inclusive society. 

EOTO: Lincoln & Johnson

In class today, students presented on Presidents Lincoln and Johnson and some of their successes.

During Lincoln’s presidency, he founded the Freedman’s Bureau. This acted as a relief for former slaves and southerners after rejoining the union. The bureau was able to support the poor southerners by providing many houses and schools.

Lincoln was assassinated in April of 1865 by John Wilkes Booth. However, Booth did have other plans to harm Lincoln prior to his assassination. While he never went through with it, Booth actually planned to kidnap the President. 

Lincoln was notoriously assassinated during a play in Ford’s theater. It was noted that the audience originally believed Lincolns death was actually part of the play. 

The Freedman’s Bureau began to lose support after Lincoln’s death. Former confederates gained more seats in Congress, striking down the bureau. 

Andrew Johnson took over the presidency after Lincoln’s assassination. He made a lot of changes during his time in office. As mentioned before, he allowed over 60 former confederates to hold a position in the government. They ended up creating a divide in the government. 

Congress impeached Johnson, but by one vote he was not removed from office. 

The Harlem Renaissance

The Harlem Renaissance was an immense development of African American culture from around 1919 to the early 1930s. The large growth in art, literature, and music marked the beginning of a cultural revolution. 

The Harlem Movement was a smaller facet of The New Negro Movement. This marked a new generation of African Americans as they were two generations out of slavery and beginning to claim social and political rights. 

The Great Migration

Large numbers of African Americans moved to the north and west during the great migration. Large urban cities, such as Harlem, New York, were common destinations. 

Harlem, New York

Writers such as Langston Hughes, James Weldon Johnson, and Zora Neale Hurston arose during the Harlem Renaissance. Hughes and Johnson’s poems are extremely popular to this day. Hurston’s famous novel, Their Eyes Were Watching God, is a keen representation of life during the Harlem Renaissance. I read it just last year! 

         

New styles of visual arts developed during this era as well. Aaron Douglas used simple lines and shapes to depict ordinary life. Another painter, Palmer Hayden focused more on emotion. This allowed him to express a struggle for freedom while also creating a sense of pride. 

                        

Midsummer Night In Harlem, Palmer C. Hayden, 1936

                          

                    

Aspiration, Aaron Douglas, 1963

Musicians such as Louis Armstrong and Duke Ellington created bold black music that was unheard of before their time. This paved the way for blues and jazz clubs for communities to gather. 

This movement shattered stereotypes, increased visibility, and uplifted African Americans. Historically, blacks had been defined as without rights, without culture, and without a history of achievement. However, the Harlem Renaissance set the stage for racial equality as all races would come together to celebrate African American artists. 

Further Videos to Watch:

https://www.youtube.com/watch?v=ErzMrs0e8_c 

https://www.youtube.com/watch?v=moP6isEwDW8 

https://www.youtube.com/watch?v=9gboEyrj02g 

https://www.youtube.com/watch?v=iHsaxqcZ08k 

Additional Sources:

https://www.history.com/topics/roaring-twenties/harlem-renaissance 

https://www.poetryfoundation.org/poets/james-weldon-johnson 

https://deyoung.famsf.org/deyoung/announcements/see-aaron-douglass-aspiration-de-young-galleries 

Brown v Board of Education

Our class hosted a mock trial today simulating the famous Supreme Court case, Brown v Board of Education. This case argued the constitutionality of the “separate but equal” precedent set by Plessy v Ferguson.

Read more about the arguments made in Plessy v Ferguson here!

Brown claimed that school segregation violates the “equal protection clause” under the 14^th Amendment. Students in our class arguing on behalf of Brown presented that the separate but equal law is arbitrary and capricious, meaning unpredictable and inconsistent. Another student presented the idea that separate but equal is simply a legal fiction. This law may be fair on paper, but it is not fair when applied in reality. Furthermore, it was noted that if African Americans have less educational resources, then the economy will ultimately be damaged for society as a whole. 

The education system argued to uphold the separate but equal law. Students arguing on behalf of the board of education explained that the idea of separate facilities for blacks and whites is embedded in American history and culture. It is not “our way” to force these two populations to integrate. This can be seen at the extreme when practicing religion. Moreover, forcing integration would be a drastic change in our culture, and people prefer an incremental change.  It was also argued that this issue should not be addressed at the federal level, it is a state’s rights issue. Each state should set aside emotion over logic and recognize that such a change would have a large strain on both communities if integration was enforced. 

In the end, Brown won his case, striking down the stare decisis of Plessy v Ferguson and finally integrating schools. 

Sources:

https://www.oyez.org/cases/1940-1955/347us483 

https://www.ourdocuments.gov/doc.php?flash=false&doc=87

https://www.thirteen.org/wnet/supremecourt/rights/landmark_brown.html

Plessy v Ferguson

The landmark case Plessy v Ferguson is famous for creating the idea of “separate but equal” regarding the constitutionality of a law segregating train cars. 

In the 1890s, a Louisiana law required blacks and whites to ride in separate train cars and would be subject to arrest if not compliant with the law. Homer Plessy – a man who appears white but is 1/8 black – attempted to take a seat in an all-white train car, violating the law.

After his arrest, Plessy argued that the segregation law violates both the 13th Amendment and the 14th Amendment. The 13th Amendment banned slavery. The 14th Amendment guaranteed everyone equal protection of the laws. 

In 1896, Homer Plessy lost his case in the Supreme Court of the United States (SCOTUS) because even though there are separate facilities, they are equal. It was not until the infamous 1954 case Brown v Board of Education that this was overturned. SCOTUS stated that “separate but equal” is inherently unequal. 

In class, we argued a mock trial on the case Plessy v Ferguson. I was tasked to debate on behalf of Ferguson. My argument is stated below. 

I argue that the segregation law does not violate the Equal Protection Clause of the 14th Amendment, nor does it violate the 13th Amendment, banning slavery.

First, I would like to point out the fact that both blacks and whites were given equal facilities under the law. There are perfectly fine train cars meant specifically for blacks. This is done because it is clear that races prefer remaining segregated. 

As a result of this, if one race is deemed inferior, that is not at the fault of the law. The act preaches equality. Therefore, the only reason to believe blacks are inferior is because that is how blacks are choosing to interpret their own race. It is not the job of the law or even within the power of the law to force the races to mix.

Furthermore, equality under the 14th amendment protects political and civil rights, such as voting. It is not meant to protect social rights, such as preferring a specific train car. 

The 13th Amendment is not applicable in this case as Plessy did not experience a form of slavery or involuntary servitude. 

In conclusion, segregation does not in itself constitute unlawful discrimination.

For further information on Plessy v Ferguson check out this YouTube video!

        Sources: 

- https://www.thirteen.org/wnet/supremecourt/antebellum/landmark_plessy.html#:~:text=John%20H.,Thirteenth%20Amendment%2C%20which%20banned%20slavery 

-  https://www.oyez.org/cases/1850-1900/163us537 

-  https://www.law.cornell.edu/supremecourt/text/163/537 

The Reconstruction Era

For class today, we were assigned a video on the reconstruction era.

Interestingly enough, when the union won the civil war, they viewed it as a victory of morality, whereas the confederacy only considered the win to be over gun power. This made reunifying the nation, restoring order to the south, and giving blacks proper equality all the more challenging.

After the civil war ended and slavery was outlawed, it would be foolish to think that former slaves would be able to immediately begin a “normal” life. Those who were raised in a culture where the African American race is inferior, would not suddenly wake up one day and see them as equals.

Furthermore, former slaves suddenly had no money and no form of income. They were basically forced to work for minimal pay as these were the only jobs willing to hire.

Beyond the workforce, former slaves had a difficult time protecting their political and civil rights. Some states implemented 'Jim Crow' laws which enforced racial to keep African Americans from voting. White supremacist groups were also formed, such as the Ku Klux Klan (KKK), which sought violence as a means to strip African Americans of their rights and dignity.

Segregation

The KKK

The government passed three laws to attempt to protect these rights:

-       13th Amendment (passed in 1865): outlawed slavery

-       14th Amendment (passed in 1868): reaffirmed equal protection of the laws to all citizens and granted citizenship to everyone born in the US

-       15th Amendment (passed in 1870): protected the suffrage of citizens regardless of race

The reconstruction era is critical to our nation’s history. Without it, the 14th amendment, as critical as it is, may never have been passed.

State v. Mann

In class, we held a mock trial debating the facts of the famous Supreme Court case State v. Mann. A team of students argued on behalf of either the state of North Carolina or John Mann. They discussed the trial through arguments based on religion, economics, history, ethics, norms, customs, traditions, law, and emotional appeal.

In the state of North Carolina during 1829, a slave named Lydia was hired out to John Mann of Chowan County. When Lydia attempted to rebel, she was whipped by Mann and ultimately shot in the back. While she was not killed, she was severely wounded resulting in a $10 fine (approximately $280 today) issued by the state for assault and battery. Mann believed the fine was unjust as slaves have no rights of their own, and therefore appealed the fine. Ultimately, Mann won his case and the $10 were returned to him. This set the precedent that slaveowners have absolute authority over their slaves and could therefore inflict pain on them.

Constantly throughout history, we see criminal law come second to property law. Historically, property laws were used as a tactic to further the protection of slavery. However, in the modern-day, these laws are necessary to protect our freedom. John Locke states that “life, liberty, and property” are our natural rights that should never be infringed upon.