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Plessey v. Ferguson & Brown v. Board of Education
Posted on: February 1, 2022 at 21:50:47 CT
ScottsdaleTiger MU
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I'd suggest that most students of the constitution would agree that it is an evolving document; that while certain principals do not change, the way those principals are applied and/or enforced can and do change over time.
The best case I can think of is the "separate but equal" concept in education.
In Plessey v. Fergurson decision handed down by the Supreme Court in 1897 it was held that separate schools for blacks were allowable provided they were equal to the schools provided to whites.
In a bit over a half century, the Supreme Court in Brown v. Board of Education, 1954, ruled that separate schools were inherently unequal and a separate school system for blacks was not constitutional.
None of the amendments to the Constitution adopted after 1897 and before 1954 dealt with the subject. Rather I would suggest there was an "evolution" in the countries attitudes and beliefs on race.
Another example is abortion. I'm not a student of the history of abortion legislation, but I would suggest that when the Court issued Roe V. Wade in 1973 it was reflecting not a change in the constitution but an evolutionary change in the thinking of the American people (admitted maybe not a majority) on whether the government has the right to prohibit a woman from getting an abortion.
In both of these examhttps://247sports.com/Season/2022-Football/OverallTeamRankings/ples, the Constitution did not change, but the Supreme's Court perception of what was appropriate did.
The best case I can think of is the "separate but equal" concept in education.
In Plessey v. Fergurson decision handed down by the Supreme Court in 1897 it was held that separate schools for blacks were allowable provided they were equal to the schools provided to whites.
In a bit over a half century, the Supreme Court in Brown v. Board of Education, 1954, ruled that separate schools were inherently unequal and a separate school system for blacks was not constitutional.
None of the amendments to the Constitution adopted after 1897 and before 1954 dealt with the subject. Rather I would suggest there was an "evolution" in the countries attitudes and beliefs on race.
Another example is abortion. I'm not a student of the history of abortion legislation, but I would suggest that when the Court issued Roe V. Wade in 1973 it was reflecting not a change in the constitution but an evolutionary change in the thinking of the American people (admitted maybe not a majority) on whether the government has the right to prohibit a woman from getting an abortion.
In both of these examhttps://247sports.com/Season/2022-Football/OverallTeamRankings/ples, the Constitution did not change, but the Supreme's Court perception of what was appropriate did.
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Plessey v. Ferguson & Brown v. Board of Education - ScottsdaleTiger MU - 2/1 21:50:47