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History 1102
SP 2019
Reconstruction in the South ended in the 1870's but the continuation of legal racism and
violence in the South was upheld by Jim Crow laws. These laws were enabled by the decision of
Plessy v. Ferguson in May 1896. It gave constitutional sanction to laws that were designed to
recreate the pre-Civil War Southern atmosphere of a subservient and unequal race in the South.
Plessy v. Ferguson perpetuated the idea of “separate but equal” facilities and services for people
of color (Duignan). Although passed in 1896, a full thirty-one years after the end of the Civil
War (1861-1865), Plessy v. Ferguson reinforced the idea of African Americans as second-class
citizens and helped continue legal violence against African Americans well into the 1960's and
beyond.
After occupying troops were removed from the South in 1877, signaling the end of the
era of Reconstruction, Southern states were quick to enact laws prohibiting marriage between
African Americans and whites. States also passed Jim Crow laws segregating blacks and whites
in public places including restrooms, train cars, theaters, and public schools. Many of these laws
were not repealed until the mid-1950's. Cementing these laws in place was the passing of Plessy
v. Ferguson (1896) which upheld a Louisiana law requiring separate but equal train cars for
In 1892, then 30-year-old Homer Plessy was incarcerated for sitting in the white car of
the East Louisiana Railroad. Although Plessy could pass quite easily for white, under Louisiana
law Plessy was considered black even though he was 7/8th white (Duignan). When Louisiana
passed the Separate Car Act in 1892, a civil rights group decided to challenge the law. Plessy
deliberately sat in the “Whites Only” car and identified himself as colored (Wormser). Lawyers
on behalf of Plessy argued that the Separate Car Act violated the thirteenth and fourteenth
amendments to the Constitution. Once this case reached the Supreme Court in a seven to one
decision, it was decided that separate facilities for blacks were indeed constitutional if they were
“equal”. The majority opinion of the Supreme Court rejected Plessy's argument that the Separate
Car Act violated the thirteenth amendment because it did not “reestablish slavery or constitute a
“badge” of slavery or servitude” (Duignan). The majority opinion, presented by Associate Justice
Henry Billings Brown, also argued that the Separate Car Act did not violate the terms of the
fourteenth amendment because that amendment was only meant to protect the legal equality of
African Americans, not the social equality. Therefore, the cars were considered “equal” because
there was no violation of the 14th amendment. This doctrine of “separate but equal” was fictional
because the facilities for blacks were almost always inferior and sometimes downright decrepit
Plessy v. Ferguson legalized segregation in the United States and remained largely
unchallenged until the case of Brown v. Board of Education of Topeka in 1954. The Supreme
Court concluded that “racially segregated schools” are “inherently unequal” (Conflicts).
Furthermore, the Court informed the public that minority students excelled and did dramatically
better in classrooms that were of mixed race. Unfortunately, Southern states were slow to
implement the changes and ten years after the passing of Brown v. Board of Education of Topeka
very few black students were integrated into previously white only schools. There were angry
teachers and parents along with racially motivated riots. In some places, such as Prince Edward,
Virginia, the county officials closed all public schools to avoid integration. Other schools
required even more government intervention such as Little Rock's Central High.
They became known as the Little Rock Nine, a group of African American students who
enrolled at Central High School in the summer of 1957 with the intention of becoming the first
African American students to attend and graduate from Little Rock's Central High School, a
previously all white school. They were warned not to go to school on the first day by the school
board, prevented to attend on the second day by a large white mob along with “about 270
soldiers of the Arkansas National Guard, sent by Arkansas Gov. Orval Eugene Faubus” (Jaynes).
Faubus opposed integration and defied a federal court order that required desegregation in all
schools.
The Little Rock Nine stayed home from school until September 23, 1957 while President
Dwight D. Eisenhower remained in talks with Little Rock's mayor, Woodrow Mann. On
September 25, 1957 the students were ushered into school by a group of U.S. Soldiers, members
of the “elite 101st Airborne Division, called the 'Screaming Eagles'” (Jaynes). In the end, only
one of the Little Rock Nine managed to graduate from Central High at the end of the school year
and the following year all Little Rock's public schools were closed by Gov. Faubus in order to
avoid complying with the federal order to desegregate. Central High did not reopen as a
desegregated school until 1960 and efforts to integrate schools in the area continued well through
Though all the Jim Crow laws of the deep South have been stricken off the books, racism
snakes through our society even today. Plessy gave the United States the convoluted idea of
“separate but equal” and Brown gave the country integration that it so desperately needed while
the Little Rock Nine taught the country to persevere. The story of race continues many years
after the cases of Plessy v. Ferguson and Brown v. Board of Education were heard by the
Supreme Court of their day. These cases were just the beginning of the legal history of race in
Author Unknown. Separate But Equal? The Road to Brown. Exploring Constitutional Conflicts.
sepbutequal.htm
Duignan, Brian (2017). Plessy v. Ferguson: Court Case 1896. Britannica Online. Retrieved April
Jaynes, Gerald D. (2015). Little Rock Nine: American Activists. Britannica Online. Retrieved
Wormser, Richard (2002). Plessy v. Ferguson(1896). Thirteen.org. Retrieved April 26, 2019,
from thirteen.org/wnet/jimcrow/stories_events_plessy.html