POLSCI 319 Lecture Notes - Lecture 9: De Jure, De Facto, Premarital Sex
22 Oct 2018
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The current way of thinking says it was unfathomable as a decision no legal standing. Klarman reading says the legal landscape (text, legislative history, custom, precedent) means the decision is plausible/powerful. Historical context means that plessy isn"t surprising. The country was going backwards from the high point of reconstruction. The voting rights decisions were not like plessy. De facto segregation to de jure transition. Police power (not police officers) referred to regulations that had to do with health, morals, and general welfare. The states can infringe on liberty in the name of public safety/morals/etc. The states can regulate contract, property, and liberty if it is in the general welfare (interest of society) You can"t slaughter pigs where ever you want because it is in the general welfare. The first de jure language was in 1890. Before de jure segregation, there were several challenges. Under common law judge-made law inherited from england.
