| Austin Sarat, Thomas R. Kearns - 2009 - 346 páginas
...ignore natural differences based on color would be to ask too much. "Legislation," declared Brown, "is powerless to eradicate racial instincts or to abolish distinctions based upon physical difference."32 All that the Court could do was to make certain that in recognizing this natural difference... | |
| Peter Karsten - 2002 - 584 páginas
...Henry Brown in Plessy v. Ferguson (1896), who concluded the court's judgement with this observation: "Legislation is powerless to eradicate racial instincts or to abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the difficulties... | |
| United States. National Archives and Records Administration - 2006 - 257 páginas
...affinities, a mutual appreciation of each other's merits, and a voluntary consent of individuals. . . . Legislation is powerless to eradicate racial instincts,...so can only result in accentuating the difficulties of the present situation The judgment of the court below is therefore affirmed MR. JUSTICE HARLAN DISSENTING... | |
| Linda Hamilton Krieger - 2010 - 420 páginas
...anyone "belonging to the colored race" or argue, as did an earlier Court in Plessy v. Ferguson, that "[legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences."15 For more than half a century, between its announcement of the notorious "separate but... | |
| Michael Lee Lanning - 2004 - 344 páginas
...transportation in Louisiana, the court's majority opinion stated that both races benefited from segregation: "Legislation is powerless to eradicate racial instincts...so can only result in accentuating the difficulties of the present situation." At the end of the nineteenth century, Jim Crow laws in the South barred... | |
| Elizabeth Sirimarco - 2005 - 162 páginas
...upon positive feelings terms Of socia[ equality, it must be the result of natural affinities. . . . Legislation is powerless to eradicate racial instincts,...so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior... | |
| Jamin B. Raskin - 2004 - 316 páginas
...feelings are natural; let's wait and see how things evolve without using law to try to change nature. "Legislation is powerless to eradicate racial instincts,...so can only result in accentuating the difficulties of the present situation."55 Progressive attempts to integrate and create one society will just make... | |
| Ronald H. Bayor - 2004 - 1032 páginas
...affinities, a mutual appreciation of each other's merits, and a voluntary consent of individuals. . . . New Brunswick: Rutgers University Press, 1994); David G. Gutierrez, Walls and Mirrors: of the present situation. If the civil and political rights of both races be equal, one cannot be inferior... | |
| David L. Faigman - 2004 - 440 páginas
...appreciation of each other's merits and a voluntary consent of individuals," the Court argued, and "legislation is powerless to eradicate racial instincts...abolish distinctions based upon physical differences." The Court reasoned: "If the civil and political rights of both races be equal one cannot be inferior... | |
| Clarke Rountree - 2004 - 224 páginas
...infamous passage that encapsulated some of the Social Darwinian maxims that circulated during this period: Legislation is powerless to eradicate racial instincts or to abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the difficulties... | |
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