Washington, Du Bois and Plessy

In 1883, the Civil Rights Act was deemed unconstitutional on the grounds that the 14th Amendment only applies to actions by state agencies and not to actions of private individuals.

Booker T. Washington was a prominent African American in.  His famous book, Up From Slavery, was a testament to hard work and becoming a useful citizen by starting at the bottom and working your way to the top.  He glorified common labor and asked for economic rather than political opportunity.  His Atlanta Exposition Address of 1895 was addressed to white Americans but also to black Americans; the latter group was encouraged to do as he had and to work hard at menial labor in order to gain prosperity, be useful and become intelligent.  Washington argues that so long as blacks are central to the economic prosperity of the nation, they will become equal members of society in other ways.

Washington entreats white Americans to hire African Americans rather than immigrants.  He promises that they will be patient, faithful and devoted (122).  He promises white landowners a prosperous "New South" and that black people ask only for economic opportunity and not for social equality (124).  Just as a hand has separate fingers, whites and blacks can remain socially separate even though they act as one appendage.

W.E.B. Bu Bois represents an alternative voice within the African American community of the time.  His book, The Souls of Black Folk, was a call for spiritual opportunity in addition to economic opportunity.  One must be able to develop intellectually.  He uses the metaphor of a veil to describe what has been keeping black people from this opportunity (142).  The veil is a perceived boundary between blacks and whites.  This veil is what provides African Americans with a double consciousness (143).  Not only does a black man see himself through his own eyes, but he always also sees himself through the point of view of dominant white culture: lower, different, other.

Plessy v. Ferguson is an important case because it allowed for institutional segregation at the state level.  Plessy was 7/8ths European heritage and could pass as a white American.  The case, from 1896, rules that it is constitutional for a state to require segregated transit.  The majority opinion claims it does not conflict with the 13th Amendment because the 13th Amendment applies only to slavery, not segregation (43).  With regard to the 14th Amendment, the court ruled that such laws were reasonable regulations used in order to preserve peace and good order and that states must have wide discretion to meet these ends.  The majority opinion also claims that the plaintiff (Plessy) wrongly assumes that segregation implies inferiority (50).

Harlan's dissent, however, disagreed on many points.  He claims that the 13th Amendment does apply to segregation, as it is a direct result of institutionalized slavery (59).  He also claims that under the 14th Amendment, all citizens are exempt from racial segregation.  He also claims that the intention of the law is to discriminate against black citizens.  He also considers not just what is "reasonable" but constitutional.  According to our Constitution, people of all colors are equal (57).  He also denies that this law is for the public good (58).  He also warns not to believe the promise of separate but equal, as it is a thing disguise for racism (59).