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Plessy v Ferguson Description

Background Summary & Questions

In 1890, Louisiana passed a statute called the Separate Car Act. This law declared that all rail companies carrying passengers in Louisiana had to provide separate but equal accommodations for white and non-white passengers. The penalty for sitting in the wrong compartment was a fine of $25 or 20 days in jail.

Two parties wanted to challenge the constitutionality of the Separate Car Act. A group of black citizens who raised money to overturn the law worked together with the East Louisiana Railroad Company, which sought to terminate the Act largely for monetary reasons. They chose a 30-year-old shoemaker named Homer Plessy, a citizen of the United States who was one-eighth black and a resident of the state of Louisiana. On June 7, 1892, Plessy purchased a first-class passage from New Orleans to Covington, Louisiana and sat in the railroad car for "White" passengers. The railroad officials knew Plessy was coming and arrested him for violating the Separate Car Act. Well known advocate for black rights Albion Tourgee, a white lawyer, agreed to argue the case for free.

Plessy argued in court that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. The Thirteenth Amendment banned slavery and the Fourteenth Amendment requires that the government treat people equally. John Howard Ferguson, the judge hearing the case, had stated in a previous court decision that the Separate Car Act was unconstitutional if applied to trains running outside of Louisiana. In this case, however, he declared that the law was constitutional for trains running within the state and found Plessy guilty.

Plessy appealed the case to the Louisiana State Supreme Court, which affirmed the decision that the Louisiana law was constitutional. Plessy then took his case, Plessy v. Ferguson, to the Supreme Court of the United States, the highest court in the country. Judge John Howard Ferguson was named in the case because he had been named in the petition to the Louisiana State Supreme Court, not because he was a party to the initial lawsuit.

1896
The Court issues its infamous decision in Plessy v. Ferguson, upholding a Louisiana statute that requires "equal but separate [railroad] accommodations for the white and colored races." Writing for an 8-1 majority, Justice Henry Brown states that the segregation law does not "discriminate" among legal rights by race, but merely recognizes a "distinction" between races "which must always exist so long as white men are distinguished from the other race by color." Justice John Marshall Harlan's famous dissent in the case will become law after the Court's opinion in Brown v. Board of Education in 1954.

QUESTIONS TO CONSIDER

What law did Homer Plessy violate? How did Plessy violate this law?
What rights do the Thirteenth and Fourteenth Amendments provide? Why did Plessy believe that the Separate Car Act violated these rights?
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. On what basis can Judge Ferguson treat these two situations differently?
What claim did Plessy make to the Louisiana State Supreme Court? How did his claim reflect on his argument that his Fourteenth Amendment rights were violated?
Do you think it is possible for blacks and whites to be separate and equal? Why or why not? If so, describe a situation where people can be separate, but equal.

DMU Timestamp: October 07, 2020 17:03

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Nov 15

Mobeena D Mobeena D (Nov 15 2020 7:19PM) : How was this supposed to comfort passengers when Plessy felt offended? Weren’t everyone supposed to come forth to make a decision?

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Mar 1

Zain S Zain S (Mar 01 2021 1:47PM) : So this meant to the separation of Blacks & White's that blacks was only allowed to sit in the back

Mar 1

Liz C Liz C (Mar 01 2021 1:48PM) : As well as anyone else who didn't fit the definition of "white"

May 14

Debyan P Debyan P (May 14 2021 9:29AM) : Interesting how this was passed EVEN with the 13th and 14th Amendment in effect.

May 17

Liz C Liz C (May 17 2021 9:54AM) : Expand on this thought, why is the passage of the Separate Car Act surprising/interesting in relation to those amendments?

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Oct 8

Liz C Liz C (Oct 08 2020 9:41AM) : How can people be equal if they are forced to be separate?

Oct 8

GABRIEL R GABRIEL R (Oct 08 2020 3:59PM) : answering question more

People cannot be equal but separate, to have equal accommodation and segregate the population would be too expensive to imagine. so whether the majority likes it or not, one side is bound to sadly suffer.

Oct 22

Zachary V Zachary V (Oct 22 2020 10:36AM) : If not challenged would the separate car law still be in effect today?

Nov 3

Amauris V Amauris V (Nov 03 2020 10:19AM) : The crime doesn’t fit the Punishment 25$ or 20 days in jail. Was this going to be challenged as well? [Edited]

Jan 18

Joan C Joan C (Jan 18 2021 7:01PM) : why would they separate people if we are all humans and we are the same, color doesn't change our way we act

Feb 18

Judith L Judith L (Feb 18 2021 10:04AM) : There is no such thing as equality if you force society to be seperated from eachother.

Feb 22

Liz C Liz C (Feb 22 2021 1:19PM) : Correct, because what message is being sent to each group when they are separated?

Mar 1

Liz C Liz C (Mar 01 2021 1:46PM) : "non-white" more

This is related to the idea of the “one drop rule” which dictates that if someone has any of a certain ancestry the person is categorized with that ancestry. This does not recognize intersectionality of identity (being multi-ethnic)

May 12

Nathaniel S Nathaniel S (May 12 2021 2:52PM) : Discrimination more

Where all these trains able to fit all the people who needed to get on and if not and if colored did you get a certain treatment?

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Oct 22

Zachary V Zachary V (Oct 22 2020 10:47AM) : Why was the separate rule put into order if equality was such a big deal?

May 12

Nathaniel S Nathaniel S (May 12 2021 2:50PM) : Segregation more

Was it ok for white people to break the rules and sit where there not supposed to and not get fined or jail time ?

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Mar 1

Damien B Damien B (Mar 01 2021 10:40AM) : Separate equal more

The separate cars act claims separate but equal is possible yet the very act of putting someone in jail or fining them for sitting on the wrong train car shows the inequality that’s created by it.

Mar 1

Liz C Liz C (Mar 01 2021 10:41AM) : Absolutely correct. So why did the judges rules differently in 1896?

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Nov 15

Mobeena D Mobeena D (Nov 15 2020 7:12PM) : Why was there two parties? Why couldn’t they all form one since they both wanted to challenge the constitutionality of the Separate Car Act?

Mar 1

Dashae S Dashae S (Mar 01 2021 1:54PM) : What would happen if both parties dont get what they want? Why would there be two different parties?

Mar 2

Liz C Liz C (Mar 02 2021 10:17AM) : case structure more

any court case has two sides: the one suing/prosecuting their case and the side defending. Each side can have multiple parties involved. But it’s not always about “getting what one wants.” It’s about the court interpreting what the law means and if it is constitutional or not.

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Mar 2

Dashae S Dashae S (Mar 02 2021 1:38PM) : Why did they have the black citizens terminate the Act?

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Mar 1

Zain S Zain S (Mar 01 2021 1:51PM) : They chose Plessy due to him being half black, Sense it was stated that he's One-eighth dark. Wanted the reaction towards white.

Mar 1

Liz C Liz C (Mar 01 2021 1:55PM) : Clarify this a bit. Plessy was 1/8 African American but was very light skinned. Plessy was selected in part because he was so light skinned. How would trains know if people were actually non-white? So how could people be treated equally?

Mar 1

Zain S Zain S (Mar 01 2021 2:05PM) : So Plessy is basically Caucasian because his skin color isn't fully black which is why they planned this

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Nov 4

Amauris V Amauris V (Nov 04 2020 5:22PM) : was this Plessy's plan? to use this as a way to catch the world's attention in order to go against the law?

Mar 2

Dashae S Dashae S (Mar 02 2021 1:59PM) : How was he allowed to buy a ticket? Why wasn't he stopped after purchasing a ticket?

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Mar 1

Zay D Zay D (Mar 01 2021 10:28AM) : How did Albion Tourgee manage to team with Plessy to uphold justice on his behave?

Mar 1

Liz C Liz C (Mar 01 2021 10:30AM) : Good question. I believe they were connected through participation in the citizen group that organized to challenge the Separate Car Act

Mar 2

Dashae S Dashae S (Mar 02 2021 1:44PM) : The lawyer knew that Plessy wasn't getting treated right more

Ablion Tourgee was able to manage the case because he had knowledge of the Separate Car Act and knowing people should get treated equally.

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Oct 8

Stacy R Stacy R (Oct 08 2020 9:11PM) : So as long as no harm was being done and the facilities stayed the same like they were cleaned the same and maintained the same way then it was okay ? :(

Oct 8

genesis r genesis r (Oct 08 2020 11:35PM) : did some people think 25 dollars was to much or too little for the penalty same for the jail time?

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Oct 22

Vincent M Vincent M (Oct 22 2020 6:58PM) : Plessy should be protected by the 14th Amendment, because it makes everyone equal to each other no matter their race.

Mar 1

Dashae S Dashae S (Mar 01 2021 1:57PM) : Plessy knowing what was right more

Plessy was just protecting what was right. If the Amendments to the Constitution states one thing cant go behind it and disobey the law.

May 14

Debyan P Debyan P (May 14 2021 9:15AM) : 13th and 14th Amendments were passed but it seemed to not stop actions such as seating placements in which it frustrated people. more

It’s messed up because the Seperate Car Act violated the 13th and 14th Amendment and some people feel sad and/or angry because of the fact that the Amendment was passed but things such as seating placements and the Seperate Car Act was still happening. It seemed to be very infuriating.

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Nov 3

Amauris V Amauris V (Nov 03 2020 1:57PM) : If this was the case, why would they put out a law segregating colored people from carts? [Edited]

Feb 18

Judith L Judith L (Feb 18 2021 10:14AM) : If the 13th & 14th amendments were already in place, why did the Seperate Car Act still get passed?

Feb 22

Liz C Liz C (Feb 22 2021 1:20PM) : Amendments are like shields. Just because they exist does not mean they protect you. We have to use them to protect ourselves from attacks on our rights. But they don't mean an attack will never happen.

Mar 2

Dashae S Dashae S (Mar 02 2021 1:48PM) : If the 14th amendment states that people should be treated equal, why have a case against somebody on a cart? more

When the 14th amendment was passed it stated people were treated equal no matter what so for Plessy to be on the cart and still have consequences for riding in the cart why pass that law if it was going to get disobeyed?

May 12

Nathaniel S Nathaniel S (May 12 2021 2:47PM) : Topic: If a judge goes against the constitution or amendment's can these members be prosecuted ? more

This proves a good point but if the court goes against him and violate the 13th and 14th amendment would these members be given jail time for going against these amendment’s?

May 17

Liz C Liz C (May 17 2021 9:56AM) : That's an interesting question that is brought up by the documentary we will be watching parts of this week. Basically, it depends on whether the action is also illegal (gov't passed a law prohibiting the action)

May 14

Debyan P Debyan P (May 14 2021 9:22AM) : Seating placements because of skin color: more

Having seating placements for people because of their skin color is not equality. Having white people sit in the front and having black people sit in the back isn’t “equal.”

May 17

Liz C Liz C (May 17 2021 9:57AM) : Expand this, why not? Give explanations in addition to making statements to develop your thinking/writing

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Jan 18

Joan C Joan C (Jan 18 2021 7:05PM) : If the 14th amendment needs that the government treats people equally then why would they have a penalty?

Feb 22

Liz C Liz C (Feb 22 2021 1:21PM) : Does everybody always respect equality? Or put it into practice?

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Oct 8

GABRIEL R GABRIEL R (Oct 08 2020 3:46PM) : Systemic racism more

Do you think having a state and federal government adds to systemic racism? In this case the law was constituional because of the state that its in, but do you think that this flexibility on laws has impact

Oct 8

Stacy R Stacy R (Oct 08 2020 9:14PM) : Do ya’ll think the court made the right decision ? more

Plessy v Ferguson

Oct 8

genesis r genesis r (Oct 08 2020 11:41PM) : If the fourteenth amendment requires that the government treat people equally then why is there a penalty? when im pretty sure the government knows the amendment's

Oct 22

Vincent M Vincent M (Oct 22 2020 6:52PM) : Wait so why was plessy found guilty if the train was running within the state?

Mar 1

Damien B Damien B (Mar 01 2021 10:29AM) : Separate Cars Act more

Why did judge John Howard Ferguson vote the separate cars act was unconstitutional outside of Louisiana but claim it was inside?

Mar 1

Liz C Liz C (Mar 01 2021 10:35AM) : Federalism and State Sovereignty more

Judge Ferguson basically is stating that since Louisiana made laws only for Louisiana and not another state it was constitutional. If Louisiana had tried to make the law apply to another state (like Texas or Missouri for example) then the law would be unconstitutional because states can only make laws for themselves.

Mar 1

Dashae S Dashae S (Mar 01 2021 2:11PM) : Disobeying the Amendments more

Still after hearing that they were violating the Thirteenth and Fourteenth Amendment they still found him guilty. Those amendments tells us that government suppose to treat people equally. What satisfaction is the government getting out of this?

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Nov 15

Mobeena D Mobeena D (Nov 15 2020 7:09PM) : Plessy V Furguson more

Why did plessy appeal the case then to the state Supreme Court?

Mar 1

Damien B Damien B (Mar 01 2021 10:26AM) : Jurors more

How many jurors had to agree on the law and why isn’t it unanimously decided?

Mar 1

Liz C Liz C (Mar 01 2021 10:28AM) : Clarification question: are you speaking of the court case challenging the law or when the law was passed?

Mar 1

Liz C Liz C (Mar 01 2021 10:32AM) : https://www.oyez.org/cases/1850-1900/163us537

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Oct 8

genesis r genesis r (Oct 08 2020 11:44PM) : why did they still had to be separated ?

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Oct 22

Zachary V Zachary V (Oct 22 2020 10:43AM) : Did the rule apply to men who are both black and white?

Mar 1

Zay D Zay D (Mar 01 2021 10:41AM) : Yes it did [Edited] more

At this time both sexual parties did have to face discrimination. It didn’t matter the gender at this time blacks were separated regardless. As slavery ended they became more and more discrete with treating blacks as a minority group using any means to separate us from white people.

Jan 18

Joan C Joan C (Jan 18 2021 7:08PM) : why would they say "equal" if they still had races separated?

Feb 22

Liz C Liz C (Feb 22 2021 1:22PM) : How does experience and interpretation influence how law is created and applied?

Mar 2

Liz C Liz C (Mar 02 2021 10:33AM) : separate but equal more

How does the separate but equal doctrine impact American history, especially in the South?

Mar 2

Dashae S Dashae S (Mar 02 2021 1:51PM) : Why did they claim that whites and blacks are equal but separate?

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Oct 8

GABRIEL R GABRIEL R (Oct 08 2020 3:42PM) : Questions more

Why does the artle include a description of plessy as 1/8th black?

Did that have an effect on the judges ruling or even albion tourgee helping?

Oct 22

Vincent M Vincent M (Oct 22 2020 6:56PM) : This doesn’t make sense because you can’t be equal if by law you’re treated differently, which is called discrimination.

Feb 18

Judith L Judith L (Feb 18 2021 10:19AM) : So in other words, they're not saying that blacks & whites are different. They're saying that there's a difference between blacks & whites. which still sounds like blacks & whites are being discriminated.

Feb 22

Liz C Liz C (Feb 22 2021 1:23PM) : So how does context influence interpretation?

Mar 2

Dashae S Dashae S (Mar 02 2021 1:53PM) : Did women suffer from this ?

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General Document Comments 0

Oct 8

Stacy R Stacy R (Oct 08 2020 8:58PM) : Do you think systemic racism is still going on today? Why or why not

Feb 27

Raymond G Raymond G (Feb 27 2021 11:43AM) : segregation did not in itself constitute unlawful discrimination.

Mar 1

Liz C Liz C (Mar 01 2021 10:25AM) : Would you agree with that analysis? Why or why not?

Mar 1

Raymond G Raymond G (Mar 01 2021 1:47PM) : I do agree, all citizens should have equal access to civil rights

Mar 1

Liz C Liz C (Mar 01 2021 1:50PM) : So historically speaking, why don't we have an equal society today if we've had the equal protection clause in place for 150 years already?

Feb 27

Raymond G Raymond G (Feb 27 2021 11:45AM) : the Constitution was color-blind and the United States had no class system.

Mar 1

Liz C Liz C (Mar 01 2021 10:26AM) : We've always had class systems based off of ethnic background, money, gender, sexual identification and orientation, etc.

Feb 27

Raymond G Raymond G (Feb 27 2021 11:48AM) : Plessy v. Ferguson was a landmark 1896 U.S. Supreme Court decision that upheld the constitutionality of racial segregation under the “separate but equal” doctrine.

Mar 1

Liz C Liz C (Mar 01 2021 10:27AM) : Expand on that. What does that mean in reality? How were those ideas applied?

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