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 scjools 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.
a The decision used strict constructionism by explaining the federal power to legislate education within state borders.
b The decision used liberal constructionism by citing the precedent of separate educational facilities are inherently unequal.
c The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
d The decision used liberal constructionism by interpreting the amendment’s author’s intent to explain the Fourteenth Amendment.
c The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
c The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The correct answer is:
c) The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
Explanation:
The excerpt from Plessy v. Ferguson demonstrates a legal interpretation of the Constitution prior to the civil rights movement. The decision argues that the intent of the Fourteenth Amendment, which guarantees equal protection under the law, was not to abolish distinctions based on color or to enforce social equality. Instead, the decision argues that the amendment was intended to enforce political equality while allowing for separate accommodations for different races if deemed necessary by state legislatures.
This interpretation aligns with strict constructionism, a judicial philosophy that emphasizes interpreting the Constitution based on its original intent and the plain meaning of its text, without attempting to expand or reinterpret its provisions. In this case, the decision avoids delving into the intent behind the Fourteenth Amendment, preferring to focus on the separate but equal doctrine and the powers of state legislatures.
The other options are incorrect because they suggest alternative interpretations that do not align with the reasoning and approach used in Plessy v. Ferguson.