Abstract
"The destinies of the two races in this country are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law," declared Justice Harlan in his ringing dissent to Plessy v. Ferguson. Yet in 1896, his vision of a "colorblind" America was marred by centuries of racism and prejudice. Similarly, despite lofty ideals, the Supreme Court's historical treatment of African Americans in the United States stands in sharp contrast to the declaration that all are created equal. "Other racial injustices in this nation's history are grave, but are different in part because the injuries were less fundamentally legal in nature."Nevertheless, the Court in Brown v. Board of Education "did what, until 1954, neither the presidents nor the Congress could or would do" by abolishing government-imposed racial segregation. Today, the Court continues to struggle with this' maridate as demographic and economic factors contribute to the resegregation ofneighborhoods and schools.
Recommended Citation
Welsh, David
(2009)
"Racism and the Law: Slavery, Integration, and Modem Resegregation in America,"
Utah Law Review: Vol. 2009:
No.
2, Article 10.
Available at:
https://dc.law.utah.edu/ulr/vol2009/iss2/10