Judge Harlan's Dissent in Plessy v. Ferguson
- rzatyk
- Apr 14, 2018
- 2 min read

Judge Harlan believed that the majority decision of the court did not align with the basic principles that the country was founded upon and has followed thus far. If the United States of America was truly a country of freedom for all, then why was segregation still allowed if it unhinged upon the liberty of man. Harlan believed that if the court allowed segregation to be legal and all else to be in the wrong, then they would not be abiding by the true meaning of freedom. Freedom to make our own decisions; whether that be to associate with segregation or not. He wanted everyone to know that aside from segregation as a whole, the ‘separate but equal’ still takes away the liberty of man. "Why can’t a man sit with one of the opposite color if he so chooses? It is this point, that I do not support the majority."
Harlan believed the mainstream idealism in the country at that time was that one race is superior; the white man. When the constitution of the United States was written, the rights and laws abided to all men. No differentiation was noted because the rights that were implemented into the backbone of this country for it’s citizens were for all. Everyone received the same basic principles of life, liberty, and the pursuit of happiness. All must follow the laws as well, as the law is higher than everyone and no one is above, no matter what the race. Harlan believed that the citizens lost sight of it and have forgotten that everyone should be living as one united nation. He stated "We must learn to respect one another and treat all as we were meant to treat others; as our equals in the law and in the fundamental principles that our forefathers have bestowed upon us." Without these principles and idealisms, the United States would fail to be a country that embodies liberty for all. With this decision to uphold segregation, the nation is truly failing to be the nation that we were destined to be.
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