Plessy Vs Ferguson Analysis

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History generally gives us the ability to make important distinctions between complicated issues that arise throughout time. In particular, there were two monumental cases that brings about change in perspective. Plessy v. Ferguson and Bradwell v. Louisiana both indulge in constitutional debates that shaped our current perspectives. Plessy v. Ferguson case reiterated the separate but equal clause, that the constitution is "color-blind," and that the facilities as long as they were equal, can be separate. In Bradwell v. Illonois. It is clear that there are legal, social, and cultural perspectives influencing the decision of these Supreme Court cases. These two sources adamantly summarize the opinion of that time period, however that time period is both unconstitutional, as well as inhumane. The legal ramifications of being a slave, a child or loved one of a slave, and associated with a slave, are simply inhumane. Retracting the rights of women, based on gender is absolutely unconstitutional upon analysis. These two cases, when examined, give immense evidence to the reader that rights are being violated, with ramifications that lasted more than one hundred years later. During Plessy v. …show more content…
Ferguson, the court deemed "absolute equality of the two races before the law" (Foner and Garraty, 1991). The political agenda tried to generalize the concept of equality, claiming that there is equality here when in fact there was not. The clear indication is that history repeated itself, and continued to do so up until segregation in the 1960s. In the Plessy vs. Ferguson case, Brian Duigan a writer for britannica.com delves into the opinion of John Marshall Harlan, whom insisted that this was an unconstitutional act. Harlan was the vote against, and explained his rationale. He recalled the Separate Car Act as an example that was correlated with the current case. He argued that the law is meant to interfere with the personal liberty and freedom of both races, however he attributed the liberties of African Americans being violated, as it had happened in the past. It was essential that the Constitution should take no account of a man's "surroundings or color" when his civil rights should be guaranteed (YEAR). Plessy v. Ferguson had a profound impact before and after in the historical context. Children of slaves did not receive the same civil rights because of the rulings of the supreme court, and the sociological perspective at the time. The child of a slave based on these ramifications, do not receive civil rights. This is an asinine idea, that we see with homosexuality and immigration. Civil rights are being violated in both circumstances. When you read about the violation of civil rights, there is profound connections between those made during the times where civil rights violations were the norm, and the issues that are prevalent today. It is absolutely unconstitutional to attempt to discriminate against labels such as immigrants, homosexuals, and women, but attempt to explain "equal but different." As argued earlier, equality is not subjective and not up for that type of interpretation. Different leads to discrimination, as there are different rules and guidelines for those that are considered "different." Women have been discriminated for years and years. In the Bradwell v. Illinois case, we see a clear distinction between the rights of men and women. Again this case materialized that men and women were to be on different spheres of action. The claim that Bradwell

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