We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the... Literature and Law - Page 235edited by - 2004 - 244 pagesLimited preview - About this book
| John Denvir - Law - 2001 - 174 pages
...either." Brown then proceeded to ridicule Plessy's argument that state-supported racial segregation "stamps the colored race with a badge of inferiority." "If this be so," Brown noted, "it is not by reason of anything found in the Act, but solely because the colored race... | |
| H.W. Brands - History - 2002 - 383 pages
...distinction between the white and black races implied the subordination of the latter to the former. "We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it." Brown pointed out that during Reconstruction, when blacks and their allies had passed legislation... | |
| Gregg David Crane - Literary Criticism - 2002 - 316 pages
...curious bit of judicial storytelling offered by the majority in justif1cation of its opinion's fairness: We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has more than once been the case, and is not unlikely... | |
| Thomas DiPiero - Social Science - 2002 - 356 pages
...cars not designated for their race. The law was not deemed unconstitutional because the Court held "the underlying fallacy of the plaintiff's argument...colored race chooses to put that construction upon it." 32 The Court's further reasoning in that case demonstrates the extent to which racial logic does... | |
| Theodore L. Johnson - Social Science - 2002 - 600 pages
...legal machinery of American society treats the black race as inferior. The Plessy Court considered "the underlying fallacy of the plaintiff's argument...colored race chooses to put that construction upon it." Id., at at 551, 41 L Ed 256, 16 S Ct 1138. Whether, as a matter of historical fact, the Justices... | |
| Francisco Valdes, Jerome Mccristal Culp, Angela Harris - History - 2002 - 466 pages
...the governmentenforced separation of the races. "We consider the underlying fallacy of the plaintiffs argument to consist in the assumption that the enforced...colored race chooses to put that construction upon it." The irony of acknowledging varied state definitions of "race" while holding tenaciously to ideas... | |
| Austin Sarat, Thomas R. Kearns - History - 2009 - 346 pages
...attributed to the law in question. The "underlying fallacy" of Plessy's argument, he wrote, consisted in the "assumption that the enforced separation of...colored race chooses to put that construction upon it."35 Such logic was too much for Justice Harlan. Admitting that noth31. Pfcssy, 543. 32. P/ess1/,... | |
| Jerrold M. Packard - History - 2002 - 316 pages
...the plaintiffs argument to consist," Justice Henry Brown wrote, "in the assumption that the forced separation of the two races stamps the colored race...colored race chooses to put that construction upon it." Rarely if ever had official contempt for AfricanAmericans been so plainly spoken by so high a... | |
| Michael Meyerson - Mathematics - 2002 - 304 pages
...that the law inflicted a "badge of inferiority" was only in the minds of those challenging the law: "If this be so, it is not by reason of anything found...colored race chooses to put that construction upon it." Justice Harlan argued in lonely dissent, that the racial hostility and animus reflected in Jim... | |
| Annette Gordon-Reed - History - 2002 - 252 pages
...blame-the-victim reversal, he asserted that "the underlying fallacy of [Plessy'sj argument . . . [wasj the assumption that the enforced separation of the...race with a badge of inferiority. If this be so," he declared, "it is not by reason of anything found in the act, but solely because the colored race... | |
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