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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... "
Due Process of Law and the Equal Protection of the Laws: A Treatise Based ... - Page 596
by Hannis Taylor - 1917 - 988 pages
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The Progressive Revolution in Politics and Political Science: Transforming ...

John A. Marini, Ken Masugi - 2005 - 406 pages
..."assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority is not by reason of anything found in the act, but...colored race chooses to put that construction upon it."131 The difference between the Brown decision and Plessy was in the interpretation of the facts,...
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A History of American Law: Third Edition

Lawrence M. Friedman - 2005 - 642 pages
...South; according to the Court, if blacks thought such a law imposed "a badge of inferiority," that was "not by reason of anything found in the act, but solely...the colored race chooses to put that construction on it." In any event (said the Court), laws are "powerless to eradicate racial instincts or to abolish...
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The Cambridge History of American Literature: Volume 5, Poetry and Criticism ...

Sacvan Bercovitch, Cyrus R. K. Patell - 1994 - 650 pages
...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 act [ie, the Louisiana law requiring railroad facilities to be segregated by race], but solely because...
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Transitions: Race, Culture, and the Dynamics of Change

Austrian Association for American Studies. Conference - 2006 - 270 pages
...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...colored race chooses to put that construction upon it. (Plessy v. Ferguson, 1896) Justice John Marshall Harlan, a former Kentucky slaveholder, offered a vigorous...
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The Pursuit of Justice: Supreme Court Decisions that Shaped America

Kermit L. Hall, John J. Patrick - 2006 - 257 pages
...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...colored race chooses to put that construction upon it Laws permitting, and even requiring their separation in places where they are liable to be brought...
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Affirmative Development: Cultivating Academic Ability

Edmund W. Gordon, Beatrice L. Bridglall - 2007 - 316 pages
...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...colored race chooses to put that construction upon it. Justice Uarlan's dissent recognized that the "real meaning" of this ruling was "that colored citizens...
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Class, Race, Gender, and Crime: The Social Realities of Justice in America

Gregg Barak, Paul Leighton, Jeanne Flavin - 2007 - 348 pages
...that enforced separation "stamps the colored race with a badge of inferiority," the majority held that it is "not by reason of anything found in the act,...colored race chooses to put that construction upon it. " What is less known about the case is that Plessy "was seven-eighths Caucasian and one-eighth African...
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The Most Democratic Branch: How the Courts Serve America

Jeffrey Rosen - 2006 - 256 pages
...segregation "stamps the colored race with a badge of inferiority." But "if this be so," the Court concluded, "it is not by reason of anything found in the act,...colored race chooses to put that construction upon it." 16 Judged by the standards of the 18905, Plessy was an uncontroversial demonstration of judicial restraint...
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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions

Kermit Roosevelt - 2006 - 284 pages
...two races stamps the colored race with a badge of inferiority." "If this be so," the Court continued, "it is not by reason of anything found in the act,...colored race chooses to put that construction upon it."12 Given the circumstances of Louisiana in the 1890s, however, that was simply not true. This is...
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The African American Newspaper: Voice of Freedom

Patrick S. Washburn, Medill School of Journalism - 2006 - 281 pages
...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 [Louisiana] act, but solely because the colored race chooses to put that construction upon it. [The]...
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