What conclusion does Justice Harlan come to in his dissent?
In his most famous and eloquent dissent, Harlan held that “our Constitution is color-blind,” that “in this country there is no superior, dominant ruling class of citizens,” and that it is wrong to allow the states to “regulate the enjoyment of citizens’ civil rights solely on the basis of race.” Harlan predicted that …
Who was Harlan in Plessy v. Ferguson?
Associate Justice John Marshall Harlan
The one lonely, courageous dissenter against the Plessy v. Ferguson decision was a Kentuckian, Associate Justice John Marshall Harlan. At issue was a Louisiana law compelling segregation of the races in rail coaches.
What is Judge Harlan’s conclusion about the arbitrary separation of citizens?
The arbitrary separation of citizens on the basis of race while they are on a public highway is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution. It cannot be justified upon any legal grounds.
Why Justice Harlan disagreed with the Court decision?
Harlan sharply disagreed with the majority’s assessment that segregation on the railcars did not violate blacks’ constitutionally protected right to equal protection of the law.
What was the dissenting opinion in Plessy v. Ferguson?
In dissent, John Marshall Harlan argued that the Constitution was color-blind and that the United States had no class system. Accordingly, all citizens should have equal access to civil rights.
What did Justice Harlan think would happen as a result of Plessy v. Ferguson?
Harlan argued in his dissent that segregation ran counter to the constitutional principle of equality under the law: “The arbitrary separation of citizens on the basis of race while they are on a public highway is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law …
What is Harlan’s fundamental objection to the decision?
The fundamental objection, therefore, to the statute is that it interferes with the personal freedom of citizens.”8 The citizens referred to here are African American citizens.
What was Harlan’s objection to the ruling in Plessy v. Ferguson?
7–1 decision for Ferguson In short, segregation did not in itself constitute unlawful discrimination. In dissent, John Marshall Harlan argued that the Constitution was color-blind and that the United States had no class system. Accordingly, all citizens should have equal access to civil rights.
How does Justice Harlan regard the Court’s decision?
According to Justice Harlan, the judgment of the court “will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case,” and “the arbitrary separation of citizens on the basis of race while they are on a public highway … cannot be justified upon any legal grounds.”
What is the main point made in Justice Harlan’s dissenting opinion?
Harlan’s dissent, which was forceful, essentially called their bluff on everything. He noted the plain language of the Constitution, which said equal protection under law in the 14th amendment is the law of the land.
What was the court’s dissenting opinion in Plessy v. Ferguson quizlet?
The dissent wrote that it went against the civil freedom and equality before the law that was established in the Constitution. In particular, how did the supreme court majority respond to the claim, that “separate but equal” violates the equal protection clause in the 14th amendment?
What is a dissenting opinion in the Supreme Court?
“Dissenting opinion,” or dissent, is the separate judicial opinion of an appellate judge who disagreed with the majority’s decision explaining the disagreement. Unlike most judicial opinions, an “advisory opinion” is a court’s nonbinding statement interpreting the law.