Jump to ContentJump to Main Navigation
Is Racial Equality Unconstitutional?$
Users without a subscription are not able to see the full content.

Mark Golub

Print publication date: 2018

Print ISBN-13: 9780190683603

Published to Oxford Scholarship Online: February 2018

DOI: 10.1093/oso/9780190683603.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2020

The Lessons of Plessy

The Lessons of Plessy

(p.63) Chapter 3 The Lessons of Plessy
Is Racial Equality Unconstitutional?

Mark Golub

Oxford University Press

This chapter traces the language of color-blind constitutionalism to its origins in Justice Harlan’s dissenting opinion in Plessy v. Ferguson (1896) and to the legal briefs of Homer Plessy’s attorney, Albion Tourgée. Rejecting common interpretations of Harlan’s phrase “Our Constitution is color-blind,” the chapter emphasizes Plessy’s concern with racial indeterminacy and the race-making power of law rather than its textual authority in debates between antisubordination and antidiscrimination theories of equal protection.

Keywords:   Plessy v. Ferguson, Homer Plessy, color-blindness, Albion Tourgée, John Marshall Harlan, Comité des Citoyens, Henry Billings Brown, race, law, racism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .