Strengthening Constitutional Self-Government

No Left Turns


Overturning Plessy v. Ferguson

The descendants of the litigants in the great civil rights case of 1896 form a foundation.  Sweet idea, and I'm wondering whether serious tea party-style activists might follow suit by forming similar foundations devoted to ending irrational discrimination.  They might find inspiration in Jennifer Roback Morse's libertarian scholarship, which notes the City of New Orleans overriding the railway's preference for integrated seating.  (Clint Bolick has also performed great service along these lines.)  Here is another way to put natural rights-thinking to practical use.  Reading Charles Lofgren's classic work on Plessy is essential background.  The Claremont historian shows the direct ties between Plessy's arguments and the Declaration of Independence.

The Tea Party's most appealing argument is for the restoration of the principles of the Declaration of Independence in everyday life.  The fight for color-blind justice is an essential part of that argument.  Thanks to Mike in the comments.

Treppenwitz:  Here is one version of Edward Erler's argument on Plessy's persistence in our jurisprudence.

Categories > Race

Discussions - 3 Comments

Edward Erler's essay on how Brown v. Board, in principle, never overturned Plessy is well worth a read too.

Lucas Morel wrote a brilliant essay on the problems with the Brown decision. It's gospel in teaching that Brown was a modern landmark of justice and right, and I bought into it, until I actually read the decision. Mike's right.

Massey and Ferguson is a farm implement company, isn't it?

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