Harlan's Assertion

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Harlan's assertion

Introduction

In the case of Ferguson v. Plessey the Supreme Court decided that the Louisiana State was had not violated the 4th Amendment when it established and enforced the racial segregation policy in the system of railway. This is a dissent to that decision written by Justice Harlan as means of highlighting the issue which he had seen arise

Thesis Statement

“For the law there is no difference on basis of creed, color or caste and the constitution safeguards the rights of all citizens regardless of these differences.”

Quotation# 1

“In respect of civil rights, common to all citizens, the constitution of the United States…… but with the personal liberty enjoyed by everyone within the United States”

Discussion

The author aims to explain that the concept of civil rights with respect to the citizens of the United States. The author further explains that the rights of the citizens of United States are not protected in accordance with the civil rights that are prevailing in the country. It has been explained that every true man feels pride of his particular race and the rights of race of every citizen should be protected no matter what his creed, color or ethnicity might be. It is also stated by the author that the legislations that consider the race and color of individuals before granting the rights to them are not considered to be equal to everyone. Justice Harlan aims to explain that the legislations should not regard the civil rights of the citizen to distribute rights to the citizens of the United States.

Quotation# 2

“It was said in argument that the statute of Louisiana…….. The fundamental objection, therefore, to the statute, is that it interferes with the personal freedom of citizens.”

Discussion

Justice Harlan expresses his opinion that the factor of race and color differences is not considered in the statute of ...