Historical Foundations (pp. 634–657)
The pre–strict-scrutiny era of race jurisprudence under the Equal Protection Clause.
Any modern constitutional stance or analysis that would implicitly validate Dred Scott or Plessy v. Ferguson is wholly baseless.
Cases Here
- Dred Scott v. Sandford (1857) — African Americans viewed purely as property, not citizens with the right to sue in federal court; "all men are created equal" did not include African Americans. Widely regarded the worst case in SCOTUS history.
- Plessy v. Ferguson (1896) — "separate but equal" laws do not violate the EPC of the 14A; separation of races upheld as a valid exercise of a state's power to maintain public order. Effectively overruled by Brown v. Board of Education.