The Plessy Case: A Legal-Historical Interpretation

앞표지
Oxford University Press, 1988. 9. 8. - 282페이지
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.

도서 본문에서

다른 사람들의 의견 - 서평 쓰기

The Plessy case: a legal-historical interpretation

사용자 리뷰  - Not Available - Book Verdict

Dealing with a landmark Supreme Court decision, Lofgren has written a monograph in the tradition of Anthony Lewis's Gideon's Trumpet . He explores Plessy v. Ferguson from Homer Plessy's challenge of ... 전체 리뷰 읽기

선택된 페이지

목차

INTRODUCTION The Plessy Prison
3
De Facto to De Jure Transportation Segregation in the South from the Civil War to the 1890s
7
Plessy in Louisiana The Test Cases
28
Plessy in Louisiana The Constitutional Clash
44
The Constitutional Environment Lost Origins and Judicial Deference
61
The Intellectual Environment Racist Thought in the Late Nineteenth Century
93
The Transportation Law Environment Access by Leave Not Right
116
Plessy Before the United States Supreme Court
148
The Court Decides Jim Crow Affirmed
174
Speaking to the Future
196
NOTES
209
TABLE OF CASES
255
INDEX
261
저작권

기타 출판본 - 모두 보기

자주 나오는 단어 및 구문

인기 인용구

178 페이지 - 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.
171 페이지 - 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.
83 페이지 - 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...
71 페이지 - 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.
178 페이지 - 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.
90 페이지 - ... 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...
81 페이지 - ... 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.
112 페이지 - 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.
69 페이지 - 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.
160 페이지 - 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.

도서 문헌정보