Plessy v Ferguson: Dissenting Argument

          The Plessy v Ferguson decision was one of, if not the single, most discriminatory rulings in the

history  of the United States. This ruling established the "separate but equal" policy in the US

allowing black and whites to have separate accommodations as long as they were "equal" in quality,

although they weren't. Judge Harlan wrote out his opinion, because he was the only one who did not

agree with the separate but equal decision and was most likely hoping to change one person's vote or

even opinion about it as well.

          Judge Harlan made a very good argument, but in 1896 nobody was in agreement with his 

opinion. His losing argument went against everything they believed at this time because some still 

wanted slavery and others wanted discrimination, segregation, or were just racist. While we still 

have racism today, it is not to the extent where the majority would vote to uphold this decision. 

          His argument laid out the views we have today about this topic. He said "If a whit man and a 

black man choose to occupy the same public conveyance on a public highway, it is their right to do 

so, and no government, proceeding alone on grounds of race, can prevent it without infringing the 

personal liberty of each...The white race deems itself to be the dominant race in this country. And so 

it is in prestige, in achievement in education, in wealth and in power...But in view of the 

Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of 

citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates 

classes among citizens." This is how the law is viewed today, so although this was the dissenting 

argument that only this one man agreed with then, is the law now.