Plessy Dissent Post

Harlan's dissent in Plessy v. Ferguson was pointless to write because he was the only person to disagree with the decision, unless he had a significant message to get out in to the world. Harlan's message was that although white's are dominant to blacks in regards to education, wealth, and achievement, the law does not take those things in to consideration. The law is color blind, and therefore, should be equally applicable to all people regardless of race. Harlan also states that in not doing so, aggression towards both races will increase and therefore cause conflicts. 

Harlan was intimidatingly accurate. Harlan wanted to shed light on the issue that whites believe they are above blacks, but when the law of the country was written, it did not make mention of race. Therefore, when there are laws that are created in order to undermine non-whites, why were these laws being followed and upheld? His belief was that the law should be color blind, as it is written, because if a law is written to not be colorblind, then it is written to undermine the liberties of a certain race, and therefore were unjust. 

His argument in 1896 was definitely a radical idea. To say that the race that had been enslaved for decades should be equal to whites was a very radical thought. Now, in 2020, every person in America except for a very, very, very small majority would agree with him. Harlan was clearly ahead of his time. 

His argument makes logical sense, even in the mindset of a person from the 1896. A counter to his argument, though, is how do we know the law is written to be colorblind? When America was first founded, it was founded while slavery was legal, so how can we be sure that laws are applicable to all races? 

It is interesting how he uses the word "pernicious" when describing how this decision would be similar to Dred Scott. Harlan knew that this decision would be fought over, overturned, and scowled upon in the future.

Harlan saw through the mess of the laws that were intended to prevent blacks from being with whites, rather than whites being with blacks. Looking at his words and ideas, he was a genius. 

It is interesting to see how, over time, Harlan's ideas were finally implemented in 1964, with the passage of the Civil Rights Act. In 70 years we went from an 8-1 decision for segregation, to a 9-0 decision against segregation. This was after seeing countless riots and violence against black people for just wanting to be able to exercise their rights as a citizen of America. 

I think in this day and age we need more officials like Harlan. A person who can ignore all the hidden reasons for passing laws and will pursue action that is purely for what the law says, and not what society or prejudices suggest.