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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. "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 157
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1982
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The Constitution in the Courts: Law or Politics?

Michael J. Perry - 1996 - 288 pages
...acknowledged that laws that do "imply" racial inferiority are unconstitutional. See also 163 US at 551: "We consider the underlying fallacy of the plaintiff's...stamps the colored race with a badge of inferiority." 36. Loving v. Virginia, 388 US 1, 10 (1967). 37. 100 US 303, 308 (1880). 38. The Court first made this...
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Black Southerners and the Law, 1865-1900

Donald G. Nieman - 1994 - 484 pages
...Amendment. Deciding that it was. Brown declared that the "underlying fallacy" of the Negro's argument was the "assumption that the enforced separation of the two races stamps the colored race with a hadge of inferiority. 1f this be so, it is not by reason of anything found in the act, but solely because...
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After Identity: A Reader in Law and Culture

Dan Danielsen, Karen Engle - 1995 - 400 pages
...F2d at 806l. 38. Doe i Casey, 796 F2d at l523. 39. Cf. Plessy v Ferguson, l63 US. 537, 55l ll896l lIf "the enforced separation of the two races stamps the colored race with a badge of inferiority (,)... it is not bv reason of anything found in the act, but solely because the colored race chooses...
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The End of Racism: Finding Values In An Age Of Technoaffluence

Dinesh D'Souza - 1996 - 764 pages
...Brown's interpretation of "separate but equal" is intellectually consistent. Rejecting the argument that "the enforced separation of the two races stamps the colored race with a badge of inferiority," Justice Brown held, "If this be so, it is not by reason of anything found in the act."136 Of course...
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The Unruly Voice: Rediscovering Pauline Elizabeth Hopkins

John Cullen Gruesser - 1996 - 260 pages
...state segregation laws discriminated against him was merely a matter of personal interpretation. If "separation of the two races stamps the colored race with a badge of inferiority," the Court responded, "it is not by reason of anything found in the act, but solely because the colored...
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Hate Speech and the Constitution, Volume 2

Steven J. Heyman - 1996 - 466 pages
...by rejeeting the argument that segregation neeessarily eonveyed a message that blaeks were inferior. "If this be so. it is not by reason of anything found in the aet, but solely beeause the eolored raee ehooses to put that eonstruetion upon it." Id. at 551. But...
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Native American Cultural and Religious Freedoms

John R. Wunder - 1996 - 392 pages
...thinly-veiled judicial sophistry. We consider the underlying fallacy of the plaintiff's argument to consist of the assumption that the enforced separation of the two races stamps the colored races with a hadge of inferiority. If this he so, it is not hy reason of anything found in the act,...
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Disorderly Discourse: Narrative, Conflict, & Inequality

Charles L. Briggs - 1996 - 261 pages
...also distinguished by heightened used of the first person plural, as the Court rejects Plessy's views: "We consider the underlying fallacy of the plaintiff's argument to consist in"; "We imagine that the white race . . . would not acquiesce in this assumption"; "We cannot accept this...
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The Politics of Preference: Democratic Institutions and Affirmative Action ...

Sunita Parikh - 1997 - 250 pages
...address the "separate but equal" issue directly: We consider the underlying fallacy of the plaintiffs argument to consist in the assumption that the enforced...badge of inferiority. If this be so. it is not by reasons of anything found in the act. but solely because the colored race chooses to put that construction...
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The Senator and the Sharecropper's Son: Exoneration of the Brownsville Soldiers

John Downing Weaver - 1997 - 308 pages
...— to be shunted off to a Jim Crow railroad car, the court held that Plessy had erred in assuming that "the enforced separation of the two races stamps...colored race with a badge of inferiority. If this he so, it is not by reason of anything found in the act, but solely because the colored race chooses...
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