A history of the constitutionality of segregation in the United States Christine Glacken

Essential Questions  What is the historical significance of…??? Plessy v. Ferguson Brown v. Board of Education  How do these two court cases help us understand the terms: Judicial precedent Judicial review

Important Terms  Segregation The separation of humans in any aspect of the public sphere based on race Example: White Americans have to use a certain set of public bathrooms and water fountains, and Black Americans have to use a different set of bathrooms and water fountains.

Important Terms  Judicial Precedent The judgment of one court of law cited as an authority for the decision on a similar set of facts in a later case.

Important Terms  Judicial Review The Supreme Court’s assumed task of hearing cases wherein the constitutionality of law is being challenged. Upon hearing such a case, the Supreme Court then decides if the law in question is legal or illegal according to the constitution of the United States.

Plessy v. Ferguson: What is this court case about?  1886  Homer Plessy,1/8 black 7/8 white but legally considered black.  Lives in Louisiana, where there are segregation laws.  Plessy tried to ride in the designated white car on a train. Since he was considered black, when Plessy refused to leave the white car, he was arrested.  Because of the segregation laws of Louisiana, Plessy could be arrested for being in a train car that his race was not legally allowed to be in.

Plessy v. Ferguson: The Significance of this court case  A succession of court cases heard Plessy's argument that the racial separation of the train car, and of other areas of public life, was constitutionally illegal.  This court case made it all the way to the Supreme Court.  The Supreme Court sided with the State of Louisiana. It decided that segregation laws were legal under the United States constitution.

Plessy v. Ferguson: The Significance of this court case  This ruling in favor of public segregation set the judicial precedent of “separate but equal.” The judges explained that there was nothing constitutionally unlawful about making people ride on different railroad cars (or drink at different water fountains, or go to different schools) based upon racial differences as long as the separate facilities were “equal” The judicial precedent of “separate but equal” allowed segregation to continue to be a matter of public policy in Southern states of the US.

Separate but equal?

Brown v. Board of Education: What is this court case about?  1954  The Supreme Court heard the case of Oliver Brown and a number of other Topeka, Kansas parents.  These parents wanted their children to be allowed to go to better schools, rather than be forced to go to the underfunded black school.  These parents challenged the judicial precedent of separate but equal.

Brown v. Board of Education: What is the significance of this court case?  In this example of judicial review, the Supreme Court overturned the previous precedent of separate but equal that was established with Plessy v. Ferguson.  They declared “separate is inherently unequal.”

Brown v. Board of Education: What is the significance of this court case?  This court decision paved the way for the civil rights movement.

Summary  Plessy v. Ferguson Set judicial precedent of “Separate but equal.” Established that segregation is constitutionally legal.  Brown v. Board of Education Used judicial review to challenge the constitutionality of the “Separate but equal” precedent. Decided that segregation is unconstitutional.

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