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“The object of the mendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
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Plessy concerned not schools but a state law requiring “equal but separate” facilities for rail transportation and requiring the separation of “white and colored” passengers.
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adopted a principle first propounded in litigation attacking racial segregation in the schools of Boston, Massachusetts. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws.Ĭases decided soon after ratification of the Fourteenth Amendment may be read as precluding any state-imposed distinction based on race, 1 Footnote Slaughter-House Cases, 83 U.S. Board of Education (1954)Īll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.