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" 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 235
edited by - 2004 - 244 pages
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Education and Sociology: An Encyclopedia

David Levinson, Peter W. Cookson, Alan R. Sadovnik - Education - 2002 - 812 pages
...schools, and other public places. Plessy justified this decision by declaring it a "fallacy" to assume "that the enforced separation of the two races stamps the colored race with a badge of inferiority." The authors of the 7-1 decision further declared that they could "not accept [the] propositionfs] ....
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Rise of Judicial Management in the U.S. District Court, Southern District of ...

Steven Harmon Wilson - Law - 2010 - 577 pages
...legally compelled segregation made minorities feel inferior, that result was not the fault of the law, but "solely because the colored race chooses to put that construction upon it." 163 US 537 (1896), 551. The Salvatierra court, Martinez notes, remained "oblivious to such concerns."...
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Our Documents: 100 Milestone Documents from the National Archives

United States. National Archives and Records Administration - History - 2006 - 257 pages
...white, and colored races. " Justice Henry Billings Brown delivered the majority opinion. He wrote: "We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it. " MR. JUSTICE BROWN . . . DELIVERED THE OPINION OF THE COURT. . . . The constitutionality of this...
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Don't Know Much About History

Kenneth C. Davis - History - 2009 - 717 pages
...majority opinion, Justice Henry Brown wrote, "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 problem with this fine notion, of course, was that every facet of life in the South was increasingly...
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Constitutional Government: The American Experience

James A. Curry, Richard B. Riley, Richard M. Battistoni - Law - 2003 - 660 pages
...two races in public conveyances is unreasonable." The Court discounted as "fallacy" Plessy's claim that "the enforced separation of the two races stamps...colored race chooses to put that construction upon it." Again a lone dissenter, Justice Harlan wrote an opinion that did not convince his peers but would...
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The End of Desegregation?

Stephen J. Caldas, Carl Leon Bankston - African American school children - 2003 - 228 pages
...three conclusions on its way to the doctrine of separate but equal. First, it was a "fallacy" to assume "that the enforced separation of the two races stamps the colored race with a badge of inferiority." Second, the Court (and by implication, the nation) "could not accept the proposition that social prejudices...
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The Thirteenth Amendment and American Freedom: A Legal History

Alexander Tsesis - Law - 2004 - 229 pages
...that continued to haunt black lives. He also devalued black American frustrations, angers, and fears: We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it. Further, showing an insensitivity about black living conditions and the sense of abandonment blacks...
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The Columbia Documentary History of Race and Ethnicity in America

Ronald H. Bayor - History - 2004 - 1032 pages
...constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures. e had made so rich a freight As chocolate, dust gold,...Did rot maids' teeth & spoil their handsome faces. it. The argument necessarily assumes that if, as has been more than once the case, and is not unlikely...
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The Civil Rights Movement

Elizabeth Sirimarco - Juvenile Nonfiction - 2005 - 162 pages
...imply the inferiority of either race. We consider the underlying fallacy of the plaintiff's [Plessy's] argument to consist in the assumption that the enforced...colored race chooses to put that construction upon it. . . . The argument also assumes that social prejudices may be overcome by legislation, and that...
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Overruling Democracy: The Supreme Court Versus the American People

Jamin B. Raskin - Political questions and judicial power - 2004 - 316 pages
...have infused our history.52 The "underlying fallacy" of Plessy's argument, Justice Brown observed, was "the assumption that the enforced separation of the...colored race chooses to put that construction upon it. . . ."53 In other words, racism is a psychological construct by the victims, not the perpetrators:...
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