PHIL OF LAW QUIZ
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Fitzgerald 1
Taiyonna Fitzgerald
Professor Medina
Philosophy of Law
24 November 2023
Quiz
1.
Provide a brief explanation of both cases.
a.
Plessy v. Ferguson was a landmark United States Supreme Court case that took place in 1896. Plessy and his legal team argued that “separate but equal” violated the Fourteenth Amendment, established to provide equal protection to all people because segregation implied the inferiority of one race. However, in a 7-1 decision, the Supreme Court ruled against Plessy. Justice Henry Billings Brown, writing for the majority, argued that separate
facilities for different races did not necessarily imply the inferiority of one race to another. The Court established the "separate but equal" doctrine, asserting that if the separate facilities were deemed equal in quality, they did not violate the Constitution. This decision
had a profound impact on the legal status of racial segregation in the United States, and it effectively legitimized the practice of "Jim Crow" laws that enforced racial segregation in various public spaces. The Plessy v. Ferguson decision remained in effect until it was overturned by the Supreme Court in the landmark case of Brown v. Board of Education in 1954. b.
In the early 1950s, racial segregation in public schools was widespread across the southern
United States and some other parts of the country. Brown v. Board of Education in Topeka
was brought up to end segregation in the public schooling system. The case experienced a lot of back and forth prior to its final decision, one that overturned the legal precedent Plessy v. Ferguson. In the unanimous decision handed down on May 17, 1954, Chief Justice Earl Warren wrote that the doctrine of "separate but equal" had no place in public education. The Court held that segregation of students in public schools solely on the basis
of race denied black children equal educational opportunities. The decision famously stated that "in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."
2.
What are the legal issues involved in each case?
a.
In Plessy v. Ferguson, Plessy argued that the Louisiana Separate Car Act of 1890 protected
under the doctrine of “separate but equal” was a violation of the rights given in the Fourteenth and Thirteenth Amendments. The Thirteenth Amendment abolished slavery, and the Fourteenth Amendment granted equal protection under the law to all citizens.
Fitzgerald 2
Homer Plessy, being a Black man, was arrested under the act because he sat in the “whites
only” section of the train. Under the Separate Car Act, White and Black people must ride in separate train cars. In the appeal of his arrest, he argued that his arrest was a violation of
the Fourteenth Amendment because the separation was heavily implied that one race was superior to the other. In understanding the hierarchy, Plessy’s legal team took it further in stating that hierarchy resulted in an inherent violation of equal protection, which is guaranteed to all citizens under this amendment.
b.
Brown v. the Board of Education of Topeka dismissed Plessy v. Ferguson as a legal precedent due to the differences in circumstances. Brown claims that “separate but equal” is not constitutionally equal regarding education. In terms of the tangible factors such as the building and books, students receive the same, but in regard to the quality of those things, things differ. Students of color receive an education that is mediocre when compared to the quality of education received by their White counterparts. Students see these differences in their education and they are discouraged and belittled. Quality of the resources used for learning are directly linked to the quality of education students can receive.
3.
How would a legal realist explain the majority’s contradictory decisions: one ascertaining that the principle of “separate but equal” in Plessy is compatible with the equal protection clause of the 14th Amendment; and the one in Brown that overturns Plessy because it violates the equal protection clause of the 14th Amendment? Legal realism is a legal philosophy that emphasizes the role of social, economic, and political
context in judicial decision-making. Legal realists would likely approach the apparent contradiction between the decisions in Plessy v. Ferguson and Brown v. Board of Education by looking beyond the formal legal reasoning and instead focusing on the broader societal and political factors that influenced the outcomes. In Plessy v. Ferguson, society was fresh out of the institution of slavery, however, many individuals still maintained the ideals and beliefs that come with slavery. The late 19
th
century is known as being a large portion of the Jim Crow Era, an era where society was ruled by racism. At this time in American history, especially in the South, it was very unlikely for a Black person to win a legal battle, especially a case where equal treatment and integration were being fought for.
Many people notice the contradictory rulings between Plessy v. Ferguson and Brown v. Board of Education of Topeka. A legal realist explains the contradiction based on the difference in societal principles due to a period of time. Plessy argued his case over half a century before Brown did. In this time frame, not only did society's viewpoints shift but so did the legal system. Brown v. Board of Education of Topeka took place during the emergence of the Civil Rights Era,
an era predominantly about equality and justice for the Black community. A legal realist would argue that “separate but equal” was no longer acceptable in the current state of society. Over a century after the abolition of the institution of slavery, society has incorporated the 14
th
Fitzgerald 3
Amendment quite well into modern society. Furthermore, according to a legal realist, the reason for the ruling for a segregation case in the 1950s and late 19
th
century to differ is because of the social climate. Plessy v. Ferguson’s ruling could not stand as a legal precedent in the Civil Rights
Era because society would never allow it and neither would those deciding in the current case. 4. Do you think that we can reasonably and objectively establish that some decisions of the Supreme Court of the US (a.k.a. SCOTUS) are right or correct and some are wrong or incorrect? How so?
The concept of right and wrong is one that is heavily subjective. Philosophers tackle the concept of morality in every branch of philosophy. Morality can never be absolute due to the natural biases that we all have. Biases that are inherent and unintentional but make us human beings. These biases are the reason why decisions in legal cases are often made by numerous individuals or why both counsels in a criminal legal battle must agree on jurors. Specifically in the Supreme Court, 9 justices sit to rule. These justices are elected into power after proving themselves in the legal field. Overall, the point of saying this is that the selection of deciding bodies, the legal system and the basis of all legal decisions, the Constitution, is established to eliminate biases and focus strictly and solely on legality. So, I cannot say that some decisions are
right or wrong objectively because my arguing of that case would be fueled by my own biases and concepts of morality.
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