Plessy v. Ferguson Mock Trial
- McKenzie Cooper
- Mar 27, 2018
- 2 min read
Updated: Apr 4, 2018
Homer Plessy is a man that is 1/8 African American. Plessy has gone through his life "passing" as a white person, due to his light complexion. The state of Louisiana had a state law that railroad companies were required to have separate cars for blacks and whites. Plessy purchased a first-class ticket, placing him on the "white" bus. As soon as he was caught, he was removed from the train. Plessy sued the state of Louisiana, claiming that his 14th Amendment rights were violated. The issue in this case is: Whether or not Louisiana's law mandating racial segregation on its trains an unconstitutional under the equal protection clauses of the Fourteenth Amendment?
Plessy's attorney had many compelling arguments. One argument took the case as a facial challenge. A facial challenge can be defined as "a constitutional challenge to a law that claims that the law cannot be interpreted or enforced in a way that is constitutional." By this argument claiming that this law is unconstitutional, the claim that his Fourteenth Amendment rights were violated is further supported. Bush v. Kentucky was mentioned due to its similarities to Plessy v. Ferguson. The outcome of Bush v. Kentucky proved that laws excluding African Americans is not okay in any context. Another argument discussed how Homer Plessy is a model citizen, and laws like this devalue him as a citizen. Finally, it was said that this Louisiana State law limits his liberty.
As for the opposing side, the arguments were not as solid. The clean hands doctrine was mentioned. It was said that Plessy knew he was doing something wrong, yet he did it anyway. This brings up a somewhat pressing question: Why should he be rewarded for disobeying the law? Another argument was that violence may break out between the blacks and whites if they became uncomfortable, due to Plessy sitting in the white car. The final argument was that this could not have violated his fourteenth amendment rights because the cars are totally equal in size and amenities, making it a moral for the two separate cars.
The court decided to uphold the segregation laws because they are separate but equal.
https://www.quimbee.com/keyterms/facial-challenge?ab_pricing=inverted






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