The Separate but Equal Rule

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Table of Contents

Introduction
Evolution of the case and logical fallacies
Conclusion
Works Cited

Introduction

The main objective of the fourteenth amendment was unquestionably to enforce the unconditional equality of the two races- black and white, before the law, but, in the real sense, it did not intend to do away with the racial matters. According to the various on goings during the time, it was almost certain that the amendment did not aim at abolishing the differences based upon color, or to enforce social rules and guidelines that would bring the two races together (Wayne, 45).

The period was full of laws, which allowed the separation of the two races in terms of facilities and social amenities, and yet the proponents insisted on the essence of the laws. The period was popular with separate schools, hospitals, infrastructure, jobs, and even in marriages. The proponents of the separate but equal laws fronted the ideology that the laws did not portray any race as inferior.

The most popular law during the separate but equal times was the one affecting education- black and white races attended different schools irrespective of the distance the black children had to walk to school. This law was in place for the longest duration as the political rights continued to favor the white population over the black people. Unfortunately, the legislative power especially courts did not seek to abolish the unequal laws as evidenced from the various cases which did not pass through in courts.

For instance, the case of Roberts v. City of Boston, 5 Cush, the court ruling held that the committee of Boston had the power to supply for the instruction of black children in different schools established specially for them. The court held that it is lawful for the school committee to prohibit the colored children from attending schools designed for the whites. Chief Justice Shaw outlined the dominant principle of equality of persons without any race, sex, age, origin, or condition boundary.

However, when it came to applying the so-called dominant principle to actual and various conditions of people in the society it did not seem to warrant the equity of men and women of a different color. The absolute principle did not warrant children and adults to legally have the same operations and be subject to similar treatment (Medley, 67). It was clear that the separate but equal rule was not working in favor of the black people but for the whites.

In the above case, on education held that the committee had powers to establish separate educational facilities depending on the students’ ages, sexes, and skin colors. In addition, the court ruled for the establishment of distinct schools for poor and neglected children who had come of age and yet had not acquired the rudiments of learning to enable them access ordinary schools.

Evolution of the case and logical fallacies

In the 1960’s, there was a terrific struggle for civil rights in America and it is during this time that the case of Plessy v. Fergusion came to be. It was a case of favoritism to segregation, yet, there are many who have argued in favor of the case. This study paper will debate the logical fallacies found in this case. The advocators of the ruling of the case insist that the verdict came from the 14th Amendment of the Constitution, which is the utmost law of the country.

According to the 14th Amendment all citizens of the country are subject to equal protection and that, any state or federal government cannot violate these privileges or immunities. In regards to this law, citizens will have equal legal status but the law cannot guarantee equality in other statuses such as social or political statutes. The argument of those in favor of the ruling is that segregation is mostly a social status and; therefore, it is not illegal.

However, this debate seems to hold some water as there was a clear distinction between social and legal statutes of men. It is almost certain that the segregation law totally approved of the legal equality of men despite their skin color but disapproves social equality. Social status in America ensured that black people did not mix with the white people under whatever circumstances. There were different schools, workplaces, and even residences for the two races.

The authorities were working towards ending the slavery notion in America and, therefore, providing each race with equal social facilities. According to the ruling, the most noteworthy aspect of the constitution was the legal part and not the social aspect. Therefore, any case with a social backing would warrant any favoritism from the courts.

The matter of civil rights is one, which comprises of both social and legal rights of individuals. Civil rights mostly deal with social statutes of people in the society and, therefore, any law disapproving social equality touches on the issue of civil rights. The segregation law meant that there were restrictions with rights with regard to Afro-Americans. Citing the case of Robinson v. City of Boston, there were restrictions when it came to the rights of black people compared to the white population. The above case prohibited young color children from accessing the same level of education as the white children. Ultimately, discrimination in rights is surely unconstitutional irrespective of the color of people.

Another notable argument in favor for the Plessy v. Ferguson case is the ideology of natural distinction among people of different skin color. According to this debate, the law cannot change nature or refute it; consequently, white and black are separate from each other. Despite all proposals for equality among the black and white people, the two races will never be equal in race, color, or genetics. The segregation law only acts as a continuation of the natural order of things and no law can change this setting. For instance, the segregation law did not allow any black citizen to sit on a train other than certain cars.

For this reason, the black people did not have the right to select their seat other than what has been designed for them. This is an evident case of state law, which has limits on the individual rights of a person basing on skin color. This is a fallacy since even the Plessy majority pledges to the legal equality of citizens irrespective of race or color.

Another fallacy is that of the natural trend to separation of the races. The ruling of the case considered the fact that black and white people will organize themselves without any force and in so doing segregation will occur amongst each other. This fact led to the belief that the separation but equal law was not even necessary because the two races would automatically organize and segregate themselves.

To their understanding, implementing laws that segregate people, infact, will be going against the natural laws of existence as this occurrence needs no regulation. This ideology cancels all the cases brought before the court in search of justice for the black people because ideally the segregation rule was a natural step. To the believers in the ruling of the case, nature had all the power to separate them according to their skin color, and that there was the reason for different skin colors.

If nature had intentions of making all people equal, then there would be no cases of white or black people from the beginning of creation. Trying to let black people enjoy some privileges were contravening the laws of nature.

The ruling on the Plessy v. Ferguson does not conflict with the 14th amendments of the constitution. Basis of the ruling is on the grounds of punishment for the crime, which is too clear in the constitution. In the case, Plessy got punished for contravening the Louisiana law and, therefore, the ruling was on the basis of punishment and not promoting the inequality law. Plessy’s argument that the segregation rule had a negative impact on the black population was farfetched because the ruling was mainly on the crime committed and not the segregation rule. More so, the separate but equal rule had been in place for a frightfully long time.

The authorities had taken the initiative to offer similar facilities and equipments for all races and only worked towards ensuring each race stuck to their facilities. It was irrelevant for people to complain of inequality and yet the government offered similar and equal facilities to both the black and white population. Those who went against the set laws and guidelines were subject to punishment, as it will be considered a crime not to follow the set rules. This was the basis for ruling on the above case of Plessy majority.

During the ruling of the case in question, there were several cases of inequalities and injustices inflicted on the black population. Those in favor of the ruling on the Plessy majority case argued that separate but equal rule prepared the blacks for the future living. Actually, the use of separate facilities was just a continuation of the earlier life the black community had been subjected to since childhood. For instance, the separate but equal rule starts even from the education of the young children.

Black children attended different schools from the white children and these trends were to continue up to their adult life. Citing the case of Board of Education of Topeka v. Brown, there was segregation even in schools, and at times school, black children had to walk long distances to have access to education. The establishment of separate schools for white and colored children was a clear indication of exercise of power in America.

The legislative arm of the government had the power to exercise its authority by implementing the amendments in the constitution. According to the ruling this separation rule had prepared the black people enough for the future life, and there was no cause for alarm on the separate but equal rule. Therefore, life was normal for the black children and the court’s ruling was just in line with the constitution.

Conclusion

The separate but equal law was popular in the 1960’s, and it took the efforts of various organs and persons to end this notion. The law was applicable in all areas of life including education, jobs, residences, health care, and even infrastructure. Several cases and rulings were instrumental in the abolishing of the separate but equal rule, which was oppressing the black population. In as much the constitution aimed at treating all American citizens equally, this did not seem to be happening in actual instances.

The law was a clear continuation of the slavery era only that it separated the two races from each other. It is almost certain from the rulings of different cases that the white people were enjoying privileges that the black had no access. On the other hand, the existence of the separate but equal rule was based on exceptionally logical grounds and the white people had every reason to stick to the constitution in terms of the law.

Works Cited

Medley, Keith Weldon. We as freemen: Plessy v. Ferguson. Gretna, La.: Pelican Pub. Co., 2003. Print.

Wayne, Anderson. Plessy v. Ferguson: legalizing segregation. New York: Rosen Pub. Group, 2004. Print.

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The Separate but Equal Rule

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