Following the American Civil Revolution, the federal government sought to grant protection of civil rights for those who have been neglected by it before: African Americans who have just been freed from slavery.
This period was called the Reformation (between 1865 and 1877 when they tried to abolish slavery, trying to erase any sign of confederation).
The Compromise of 1877 (which is an informal, unwritten deal, settled the disputed presidential elections of 1876) put an abrupt end to this Reconstruction. In deed, Jim Corn Laws were passed by southern states as soon as the federal troops were withdrawn from there. These laws were state and local ones that were enacted between 1876 and 1965. They consented to segregation on public facilities but with a "separate but equal" status for non-white racial groups, notably African Americans.
The latter was therefore forbidden to use same public accommodations as whites. New civil rights were consequently given to blacks.
In fact, the Civil Rights Act of 1875 (passed by the US Congress) protected blacks from private acts of discrimination.
[...] This whole case started when a group of Af Am and whites in New Orleans felt concerned by this New Act passed by their state and formed an association. In deed, The State of Louisiana passed the Act 111: this act, still in conformity with the accommodations, required that whites and Af Am be separated in railway cars. The association, clearly aware of the scientific racism era, was going to test to what level black segregation expanded in their state, and to exploit the lack of clear racial definition. They argued that segregation by race was an unreasonable use of state power. They hired a jurist, Albion W. [...]
[...] Their “test plaintiff” was chosen to be Homer Plessy because of his being 1/8th Black and 7/8th Caucasian (an octoroon). He infringed the law and sat down in a car reserved for whites and was therefore arrested and jailed. His arguments were that the East Louisiana Railroad private entity) had denied him his rights according to the 13th and 14th amendments. He appealed to the Supreme Court in 1896, which turned him down with a majority of 7 votes against 1 (given by Justice Harlan). [...]
[...] Harlan declares that there are 60 million whites compared to 8 million blacks. Not only are whites bigger in number, but also are they in prestige, wealth, and power. One may find this fact logical: these “separate but equal” measures contributed to inequalities. In fact, by separating white children or students from black ones for example, it is obvious that the white ones will get better education (because of wealth and better educational system) hence the prestige Harlan talks about. [...]
[...] Ferguson one. He denounces the incompetence of states to regulate on citizens' civil rights on the basis of race. - Justice Harlan believes this statute of “Separate but equal” is indeed ambiguous (as had thought the association which planed this whole situation). In deed, he mocks the measure taken by the State of Louisiana and invents other absurd situations such as the one imposed by the Separate Car Act. a state can prescribe, as a rule of civil conduct that whites and blacks shall not travel as passengers in the same railroad coach, why may it not so regulate the use of the streets of its cities and towns as to compel white citizens to keep on one side of the street and the black citizens on the other”? [...]
[...] It leads to distrust, therefore to hate. There is no longer a possibility of living in harmony. Finally, Justice Harlan believes that since their constitution is neutral, there should be equality for all before law. Amendments might end up being ignored. - In deed, he describes the US Constitution as “colour-blind”. Therefore according to him, Judge Brown's statement that Constitution cannot eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation” is not valid. [...]
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