Plessy v. Ferguson: The Legalization of Segregation
- Rosie Jayde Uyola
- Jan 4
- 4 min read
Target: I can explain how the Supreme Court used the case of Plessy v. Ferguson to legalize segregation, and how Justice Harlan exposed the major flaw in this ruling.
Key Vocabulary
Segregation: Keeping different racial groups apart in daily life (schools, trains, etc.).
Jim Crow: Laws in the South that forced segregation and discriminated against Black people.
Precedent: An earlier legal decision that serves as a rule for future cases.
Dissent: A judge's written explanation of why they disagree with the majority decision.
Constitutionality: Whether a law follows the rules of the U.S. Constitution.
Part 1: Do Now (5 minutes)
Directions: Read the prompt below and write a 5-8 sentence response.
Prompt: The Loophole. Imagine a school rule says: "All students must be treated equally." The Principal then decides to create two separate lunchrooms. Room A is for students with blue eyes. Room B is for students with brown eyes. The Principal claims, "You are being treated equally because both rooms have tables and chairs. You are just separate."
In a complete paragraph, answer: Is the Principal telling the truth? Can you truly be "equal" if you are forced to be "separate"? How does being forced into a separate room make you feel about your status in the school?
Sentence Starter: The Principal (is/is not) telling the truth because... Even if the furniture is the same, being forced to separate implies that... If I were forced into a separate room, I would feel...
Part 2: Analyzing the Sources
Directions: Analyze the two documents below and then answer the questions that follow.
Source 1: Majority Opinion, Justice Henry Billings Brown (Adapted Excerpt, 1896)
Original Text | Simplified Text |
"The object of the [14th] amendment was undoubtedly to enforce the absolute equality of the two races before the law, but... it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality..." | "The 14th Amendment was definitely meant to make the races equal before the law (Political Equality). But, it was NOT meant to stop people from seeing color, or to force the races to mix socially (Social Equality)." |
"Laws permitting, and even requiring, their separation... do not necessarily imply the inferiority of either race to the other... If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane." | "Just because a law separates the races, that doesn't mean one race is inferior (worse) than the other. If one race is socially inferior, the Constitution cannot fix that or force them to be on the same level." |
Source 2: Dissenting Opinion, Justice John Marshall Harlan (Adapted Excerpt, 1896)
Original Text | Simplified Text |
"Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law..." | "Our Constitution should not see color. It does not allow for different 'classes' of people. When it comes to rights, every citizen is equal." |
"The arbitrary separation of citizens, on the basis of race... is a badge of servitude wholly inconsistent with the civil freedom... The thin disguise of 'equal' accommodations... will not mislead any one, nor atone for the wrong this day done." | "Separating citizens just because of their race is like a 'badge of slavery.' It goes against freedom. We can pretend the train cars are 'equal,' but that is a thin disguise (a lie) that won't fool anyone. We have done a wrong thing today." |
Analysis Questions
Directions: Answer questions A and B on your own. Then, work with a partner for the Discussion.
Question A (Justice Brown): According to the text, why does Justice Brown believe the 14th Amendment does not stop the state from separating the races? (Hint: Look for the difference between "social" and "political" equality).
Sentence Starter: Justice Brown argues that the 14th Amendment only protects... He claims it does NOT protect "social equality," which means the Constitution cannot force...
Question B (Justice Harlan): Justice Harlan calls segregation a "badge of servitude." In 2-3 sentences, explain what he means by this phrase and how he believes the Constitution should actually view race.
Sentence Starter: When Harlan says "badge of servitude," he means that segregation marks Black people as... Instead, he believes the Constitution should be "color-blind," meaning...
Partner Discussion: Share your answers with a partner. Discuss the following: Justice Brown believed that laws couldn't change how people felt socially. Justice Harlan believed that the law itself was creating hatred. Who was right?
(No writing required for this section, just discussion).
Part 3: Exit Ticket (5 minutes)
Directions: Answer the following prompt in a complete paragraph (5-8 sentences).
Prompt: The decision in Plessy v. Ferguson established the doctrine of "Separate but Equal." In a detailed paragraph, explain why this phrase is a contradiction (a lie). Use evidence from Justice Harlan’s dissent to explain why separating people by law inevitably creates a superior and an inferior class.
Sentence Starter: The phrase "Separate but Equal" is a contradiction because... As Justice Harlan argued in Source 2, separating people is actually a... This proves that the true purpose of the law was not equality, but to...