Plessy v. Ferguson

Unit

Plessy v. Ferguson

Years: 1896

Historical Events, Movements, and Figures

01

Prior Knowledge

It is essential that students have prior knowledge of the Reconstruction time period, especially the Reconstruction amendments, before learning about Plessy v. Ferguson. Some familiarity with other landmark cases, such as the Dred Scott decision, will also be helpful prior knowledge to activate. Finally, discussions of race as a social construct–and a concept with no basis in biology–will also support conversations about segregation and Jim Crow definitions of race in this lesson.

02

Student Objectives

  • Explain the “separate but equal” doctrine described in the Plessy v. Ferguson decision
  • Identify and analyze the immediate and long-term consequences of the Plessy v. Ferguson decision on Black Americans, other people of color, White Americans, and the U.S. as a whole
  • Evaluate the extent to which legal precedents, including Constitutional amendments and Supreme Court cases, have improved and/or undermined Black Americans’ access to civil rights in the United States
Show more

03

Organizing Idea

By establishing the doctrine of “separate but equal,” the U.S. Supreme Court decision in Plessy v. Ferguson (1896) led to more than a half-century of legalized segregation and racial discrimination. Segregation stoked racial violence and was tangibly harmful for Black Americans and other people of color, who couldn’t access quality public services such as education and public transportation. And importantly, segregation was detrimental to all Americans, as both White citizens and people of color were deprived of the benefits of a truly diverse and integrated society.

Show more

04

Teacher Context

Introduction

In 1896, the United States Supreme Court decision in the case of Plessy v. Ferguson established the doctrine of “separate but equal.” The majority opinion, authored by Associate Justice Henry B. Brown, declared that racial segregation in public spaces did not violate the Equal Protection clause of the Constitution’s Fourteenth Amendment so long as separate facilities provided for Black and White people were equal. In other words, segregation was legal and should not be considered innately discriminatory. This landmark ruling removed the last remaining legal protections of Reconstruction in the South, facilitated the creation of Jim Crow laws, and protected racial discrimination that would last for more than a half–century.

 

Reconstruction and the Fourteenth Amendment

After the Civil War’s end and during the Reconstruction period in the South, the federal government–led by the Republican Party–sought to grant full citizenship and emboldened civil rights to formerly enslaved people. A series of constitutional amendments and legislative acts guaranteed equal rights for Black Americans; the Thirteenth Amendment granted freedom from enslavement, the Fourteenth Amendment granted equal rights of citizenship to all Black Americans, and the Fifteenth Amendment granted suffrage for Black men. Importantly, former Confederate states were also required to write new state constitutions that endorsed the Fourteenth Amendment, thus recognizing Black people as lawful citizens and protecting citizens from unlawful discrimination. 

White Southerners resisted all of these provisions. After 1877, when Reconstruction ended and federal troops were withdrawn, White leaders attempted to reestablish white supremacy through legal measures, economic coercion, and violence against Black people. The U.S. Supreme Court, with a conservative majority, handed down a series of decisions that weakened the power of the federal government to enforce civil rights laws, clearing the way for state and local governments to impose racially discriminatory practices and Jim Crow laws that restricted Black life on all fronts.

 

Black Resistance to Segregation in the Courts

Segregation did not come without resistance. Black Americans and White supporters of equal rights worked together in both the North and South to overturn segregation laws through campaigns in the press, as well as political and legal action. Black activists in Louisiana decided to create a test case of segregation laws, in part because Louisiana, which began as a French colony, had a long history of racial mingling. Many people in Louisiana were of mixed African and European descent and there was a long history of interracial association in public, making the absurd binary thinking behind segregation and the social construct of race especially evident. 

Specifically, Black lawyers set out to challenge an 1890 Louisiana law that mandated segregation on passenger trains. The person chosen to sue was Homer Plessy, a light-skinned man whose heritage was ⅛ Black and ⅞ White, making him Black according to Louisiana law. Plessy purchased a first-class ticket and boarded the car reserved for White people, and officials arrested him when he refused to move to the Black-designated train car. Plessy’s case went to a local judge, John Howard Ferguson, who ruled that the state had the right to regulate train companies operating within Louisiana state lines, making federal protections for Black people irrelevant. Plessy’s attorneys appealed the decision to the U.S. Supreme Court. They argued that segregation laws on trains denied Black Americans their rights under the Fourteenth Amendment, which guaranteed to all citizens “equal protection” under federal law. Furthermore, Plessy’s lawyers argued that the Louisiana law had violated the spirit of the Thirteenth Amendment, which outlawed slavery, because it characterized and separated people by race alone.

 

The Supreme Court’s Ruling and Its Legacy

In the landmark Plessy v. Ferguson ruling of May 18, 1896, seven of eight justices of the U.S. Supreme Court upheld Judge Ferguson’s decision and ruled that states had the right to regulate train companies operating within state lines. The majority opinion asserted that state legislatures had the right to pass and uphold laws that reflect “established usages, customs and traditions.” In Louisiana, the Supreme Court maintained, the segregation of railway cars was an accepted custom in which both Black and White riders participated. As long as those services and accommodations were equal, they could be separate. 

This decision, with its sweeping endorsement of segregation and its declaration of the principle of “separate but equal,” had far-reaching consequences. White authorities throughout the South enshrined Jim Crow into law, designating public schools, hospitals, buses, bathrooms, and other accommodations as restricted either to “Whites only” or to Black Americans, then known as “colored” people. The facilities provided for Black people were almost always inferior to those provided for White people, and sometimes accommodations for Black Americans did not even exist. Immediately following the Plessy v. Ferguson decision, Southern states withdrew funding for Black public schools and created a series of legal and social hurdles preventing Black citizens from exercising their right to vote, including literacy tests, poll taxes, and outright violence. Segregation also fueled racist stereotypes and served as legal justification for a reign of racial terror and violence against Black communities by White citizens and hate groups. For decades following this decision, a campaign of intimidation, violence, and lynching effectively repressed any attempts by Black Americans to assert and exercise their civil rights. Plessy v. Ferguson remained a stain on the Supreme Court’s record until it was overturned by the 1954 Brown v. Board of Education case, and it is largely remembered as one of the worst decisions of the highest court of the United States.

References & Further Resources

Bishop, David W. “Plessy V. Ferguson: A Reinterpretation.” The Journal of Negro History, vol. 62, no. 2, 1977, pp. 125–33. JSTOR, https://doi.org/10.2307/2717173. Accessed 8 June 2023.

Elliott, Mark. “Race, Color Blindness, and the Democratic Public: Albion W. Tourgée’s Radical Principles in Plessy v. Ferguson.” The Journal of Southern History, vol. 67, no. 2, 2001, pp. 287–330. JSTOR, https://doi.org/10.2307/3069867. Accessed 8 June 2023.

Golub, Mark. “Plessy as ‘Passing’: Judicial Responses to Ambiguously Raced Bodies in Plessy v. Ferguson.” Law & Society Review, vol. 39, no. 3, 2005, pp. 563–600. JSTOR, http://www.jstor.org/stable/3557606. Accessed 8 June 2023.

Hull Hoffer, Williamjames. Plessy v. Ferguson: Race and Inequality in Jim Crow America. University of Kansas Press, 2012.

Kelley, Blair L. M. “Right to Ride: African American Citizenship and Protest in the Era of ‘Plessy v. Ferguson.’” African American Review, vol. 41, no. 2, 2007, pp. 347–56. JSTOR, http://www.jstor.org/stable/40027069. Accessed 8 June 2023.

Latham, Frank B.  The Great Dissenter, John Marshall Harlan, 1833-1911.  New York: Cowles Book Co., 1970.

Lipsitz, George. “From Plessy to Ferguson.” Cultural Critique, vol. 90, 2015, pp. 119–39. JSTOR, https://doi.org/10.5749/culturalcritique.90.2015.0119. Accessed 8 June 2023.

Olsen, Otto H. The Thin Disguise: Turning Point in Negro History. Plessy v. Ferguson, a documentary presentation (1864-1896). New York: Humanities Press, 1967.

“Plessy v. Ferguson.” National Archives, February 8, 2022, https://www.archives.gov/milestone-documents/plessy-v-ferguson

Thomas, Brook. Plessy v. Ferguson: A Brief History with Documents. Boston: Bedford Books, 1997.

Woodward, C. Vann. The Strange Career of Jim Crow. New York: Oxford University Press, 1974.

Show more

05

Teacher Tips

In your students’ lifetime, enforced racial segregation has not been a predominant lived reality, and they may need some help to understand its profound implications. As needed, have a discussion to support their grasp of the concept, defining and modeling with vocabulary such as “exclusion, mandatory, enforced, controlling, stigmatizing,” and so forth.  Help them, if needed, to distinguish between enforced separation from the outside and voluntary, short-term and self-selected forms of separation such as affinity groups or identity-based organizations that have a goal of autonomy or mutual support.  

We recommend having a conversation with students about the ways in which the language we use about race has changed since Plessy v. Ferguson. Many primary documents of the Jim Crow time period contain references to “colored people,” which should be unpacked for students. It will be helpful to clarify that students should be mindful with language that they use to discuss the past, when terms differ from what is most appropriate to use today.

Show more

06

Student Context

Reconstruction formally ended in 1877 with the removal of federal troops from the former Confederate states in the South–but the union was far from united. The federal Constitution now featured three new “Reconstruction Amendments” guaranteeing freedom from enslavement, the rights of citizenship for Black Americans, and suffrage for Black men, and the former Confederate states had agreed to accept these. Still, Southern states in this period quickly encoded racial segregation into their state laws. Under the so-called Jim Crow restrictions, Black Americans faced separate public accommodations–in schools, trains, buses, bathrooms, and more. In the eyes of the White majority, these restrictions marked Black people as inferior second-class citizens. The Jim Crow laws reinforced racism and fueled white supremacist campaigns of racial terror and violence against Black communities throughout the South.

Black lawyers in this period undertook a campaign to challenge these Jim Crow laws using the Fourteenth Amendment’s promise of “equal protection” as a basis. However, the U.S. Supreme Court sided with segregationists in the landmark Plessy v. Ferguson case of 1896. The decision stated that “separate but equal” facilities were legal and constitutional. The Plessy v. Ferguson decision led to decades of legal segregation across the South, and in many parts of the North, limiting Black communities’ access to quality public accommodations and depriving all Americans of the promise of a truly diverse, integrated society.

Show more

07

Key Questions

01.

What was the Supreme Court’s decision in Plessy v. Ferguson, and what legal precedents did it rely on?

02.

What were the immediate and long-term consequences of Plessy v. Ferguson on Black Americans? On other people of color? On White Americans? On the U.S. overall?

03.

In what ways and why was the “separate but equal” doctrine detrimental to American society as a whole?

04.

To what extent have legal precedents, including Constitutional amendments and Supreme Court cases, improved and/or undermined Black Americans’ access to civil rights in the United States?

08

Activities & Sources

Select the activities and sources you would like to include in the student view and click “Launch Student View.”

It is highly recommended that you review the Teaching Tips and sources before selecting the activities to best meet the needs and readiness of your students. Activities may utilize resources or primary sources that contain historical expressions of racism, outdated language or racial slurs.

Case Review: Plessy v. Ferguson 45 minutes

First, have all students read the case overview for Plessy v. Ferguson from the Oyez Project website (external). Have a quick discussion to check for understanding of the case background and the majority decision. Ask the students the following questions:

  • What was the case about? 
  • What did the Supreme Court decide in response to the case?
  • What are your initial reactions to this decision?

Then, divide the students into three small groups to dig more deeply into the court’s decision. Give each group one of the following primary sources to read and analyze.

  • Brief for Homer Plessy
  • Excerpt from the majority decision
  • Excerpt from a dissenting opinion

Each group should create a poster summarizing their primary source. The poster should contain the main idea of the source, an important quote or passage, and an explanation of why the source is valuable for historians.

Have groups share their posters with the class, and hold a closing discussion on the following questions:

  • What was the Supreme Court’s decision in Plessy v. Ferguson, and what legal precedents did it rely on?
  • What legal precedents do you think should guide the Supreme Court?
  • What are your responses to this landmark decision?

States’ Rights Reflection 60-90 minutes

Explain that, in some ways, the Plessy v. Ferguson decision was about the relationship between federal and state governments. Begin by asking students: which level of government do you think should have more power to control our daily lives–federal or state? Why? (Consider giving one relevant example to ground this discussion, for instance federal vs. state laws regarding reproductive health care, or gay marriage prior to 2015.) 

Now, have students break into small groups to research this tension between states’ rights and federal authority. Students should use the internet to find answers to the following questions:

  • When did the tension between states’ rights and the federal government begin?
  • What guidelines does the Constitution lay out to manage and balance the relationship between state and federal government? What specific powers does the Constitution give to each level of government?
  • Find two examples (one from history and one from today) of when state and federal governments were in conflict. What happened and how were the conflicts resolved?

Bring students back together to share their findings. End by having students write an individual reflection to the following prompt:

  • Should the federal government or state governments be more responsible for protecting the civil rights of marginalized groups? Explain your answer, using evidence from your research.

Reconstruction Amendments Gallery Walk

Write the three Reconstruction amendments (the 13th, 14th, and 15th amendments) on posters and post them around the classroom. Have students walk around the room and visit each poster three times. With each round, they should answer one of the following questions on each poster. Allow students to choose which question they answer for each round to better differentiate for individual needs and interests.

  • Summarize the amendment. In your own words, what does it mean?
  • Make a connection between the amendment and another historical event.
  • Make a connection between the amendment and a current event or issue.
  • To what extent has this amendment expanded access to civil rights for marginalized groups? Explain.
  • What is missing from this amendment? What would you add if you were writing it?
  • Respond to a peer’s comment on the poster.

Close by having a full class discussion on the following question:

  • To what extent have legal precedents, including Constitutional amendments and Supreme Court cases, improved and/or undermined Black Americans’ access to civil rights in the United States?

Document Analysis: Consequences of Plessy v. Ferguson 30 minutes

Place students into pairs, and give each pair one of the following primary sources to read and analyze. Each source examines one or more effects of the landmark Plessy v. Ferguson decision on American society. (Note that the sources vary in their length and level of complexity, with consequences that are more and less concrete; do preview the source set and consider how to differentiate the activity for individual learners or your group as a whole.)

  • Editorial: “A Strange Decision”
  • Political Cartoon: “The Union As It Was” by Thomas Nast
  • Letter: Frederick Douglass on Education
  • Grant of Posthumous Clemency to Homer Plessy
  • Poem: “The Jim Crow Car” by Walter Brooks
  • Majority Opinion of the Supreme Court: Tape v. Hurley
  • Video: Clark Doll Experiment

Students should use the OPCVL document analysis protocol to analyze their assigned source, and should prepare a short oral presentation to the class to summarize their analyses. After each pair shares their analysis, ask the class:

  • What were the immediate and long-term consequences of Plessy v. Ferguson on Black Americans? On other people of color? On White Americans? On the U.S. overall?
  • In what ways and why was the “separate but equal” doctrine detrimental to American society as a whole?

Compare and Contrast: Black Voices on Segregation 30-45 minutes

This activity is built around two responses to the Plessy decision by leading African American intellectuals and brilliant writers of the era:   Booker T. Washington and Charles Chesnutt. Although both objected strenuously to Plessy, their responses vary greatly in tone, argumentation, and rhetorical device. Begin by having students read and annotate both sources; a dramatic read-aloud would be an effective launch for this activity, or use any close-reading strategy of your choice. Next, using the whiteboard, help students notate on a Venn diagram the points on which the two men agree (noted in a circle in the middle) and in separate circles, the points where they differ. After, lead a more general discussion of the two sources. Some discussion prompts include:

  • Do you think the dates/years of the two responses are significant? How could their timing be a factor(i.e., Washington wrote immediately, Chesnutt 15 years after the Plessy decision)?
  • Which response might have been more persuasive to White readers of the era? Which to African American readers? Why?
  • Which arguments do you find most effective? Why?

Close by discussing this question as a full class (or ask students to journal about it):

  • In what ways and why was the “separate but equal” doctrine detrimental to American society as a whole?

Timeline Review: Plessy v. Ferguson 45 minutes

End with a timeline activity to help students place the Plessy decision into a broader historical context and review the key themes from the lesson. Place students into small groups, and give each group the following list of key events. (Note that this list is out of chronological order. The list can also be shortened for purposes of time or differentiation.)

  • Plessy v. Ferguson
  • Montgomery Bus Boycotts
  • Dred Scott decision
  • Greensboro Sit-Ins
  • Regents of the University of California v.  Bakke
  • Passage of the 14th Amendment
  • Brown v. Board of Education of Topeka, Kansas
  • Little Rock Nine
  • Thurgood Marshall’s appointment to the Supreme Court
  • Civil Rights Act of 1964

Have students work together to place the events into chronological order. They can look up these terms using the website BlackPast.org or another searchable historical database. Students can make their timeline on a poster or using software such as Canva or Google Jamboard. For each event, the students should write the date, a description of the event, and an explanation of its importance.

End with a class discussion to summarize the lesson.

  • What were the immediate and long-term consequences of Plessy v. Ferguson on Black Americans? On other people of color? On White Americans? On the U.S. overall?
  • In what ways and why was the “separate but equal” doctrine detrimental to American society as a whole?

Performance Task: Presentations: Plessy v. Ferguson’s Legacy

Place students into small groups, and assign each small group a Supreme Court case that is in some way related to Plessy v. Ferguson. Consider the following cases as options, and add others that relate to the themes of your particular class:

  • Brown v. Board of Education of Topeka, Kansas
  • Regents of the University of California v. Bakke
  • Grutter v. Bollinger 
  • Gratz et al v. Bollinger 
  • Tape v. Hurley
  • Smith v. Allright
  • Shelley v. Kraemer
  • Strauder v. West Virginia

Each small group should create a 10 minute oral presentation about their case, which they should share with the full class. The presentation should be based on research and include the following components:

  • A description of the court case, including the facts of the case, the question the court considered, and the court’s answer to that question
  • An explanation of the main points of the majority opinion
  • A description of any concurring or dissenting opinions
  • An analysis connecting the case to the legacy of Plessy v. Ferguson
  • A connection to another historical or current event

Hold a class discussion after all presentations to discuss the overall legacy of Plessy v. Ferguson and the following key question:

  • To what extent have legal precedents, including Constitutional amendments and Supreme Court cases, improved Black Americans’ access to civil rights in the United States?

Please login or sign up to access the student view functions.