Read the following excerpt from Plessy v.
Ferguson.
"The object of the [Fourteenth] amendment 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.
Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power. The most common instance of this is connected with the establishment of separate schools for white and colored children, which has been held to be a valid exercise of the legislative power even by courts of States where the political rights of the colored race have been longest and most earnestly enforced ...."
Explain how this decision legally interpreted the Constitution prior to the civil rights movement.
The decision used liberal constructionism by citing the precedent of separate educational facilities are inherently unequal.
The decision used liberal constructionism by interpreting the amendment's author's intent to explain the Fourteenth Amendment.
The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The decision used strict constructionism by explaining the federal power to legislate education within state borders.
The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The correct answer is:
The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The decision in Plessy v. Ferguson legally interpreted the Constitution prior to the civil rights movement by using strict constructionism.
Strict constructionism refers to a legal philosophy that interprets the Constitution based on its original meaning and intent at the time it was adopted. In this case, the court refrained from attempting to decipher the intent behind the Fourteenth Amendment, which guaranteed equal protection under the law. Instead, the decision focused on the states' power to legislate and their exercise of police power.
The Plessy decision justified the practice of racial segregation by stating that laws permitting separation in places where different races might come into contact did not necessarily imply the inferiority of one race to another. The court also pointed out that separate schools for white and colored children had been held as a valid exercise of the legislative power by courts in states where the political rights of the colored race had been enforced.
Therefore, the decision in Plessy v. Ferguson used strict constructionism by emphasizing the authority of state legislatures in enacting laws regarding racial segregation and separate facilities, rather than attempting to interpret the Fourteenth Amendment in favor of equal rights.