“I cannot see but that, according to the principles this day announced, such state legislation, although conceived in hostility to, and enacted for the purpose of humiliating, citizens of the United States of a particular race, would be held to be consistent with the Constitution”

—  John Marshall Harlan

1890s, Plessy v. Ferguson (1896)
Context: A State cannot, consistently with the Constitution of the United States, prevent white and black citizens, having the required qualifications for jury service, from sitting in the same jury box, it is now solemnly held that a State may prohibit white and black citizens from sitting in the same passenger coach on a public highway, or may require that they be separated by a 'partition', when in the same passenger coach. May it not now be reasonably expected that astute men of the dominant race, who affect to be disturbed at the possibility that the integrity of the white race may be corrupted, or that its supremacy will be imperiled, by contact on public highways with black people, will endeavor to procure statutes requiring white and black jurors to be separated in the jury box by a 'partition', and that, upon retiring from the courtroom to consult as to their verdict, such partition, if it be a moveable one, shall be taken to their consultation room and set up in such way as to prevent black jurors from coming too close to their brother jurors of the white race. If the 'partition' used in the courtroom happens to be stationary, provision could be made for screens with openings through which jurors of the two races could confer as to their verdict without coming into personal contact with each other. I cannot see but that, according to the principles this day announced, such state legislation, although conceived in hostility to, and enacted for the purpose of humiliating, citizens of the United States of a particular race, would be held to be consistent with the Constitution.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "I cannot see but that, according to the principles this day announced, such state legislation, although conceived in ho…" by John Marshall Harlan?
John Marshall Harlan photo
John Marshall Harlan 7
United States Union Army officer and Supreme Court Associat… 1833–1911

Related quotes

George Washington photo

“I am a citizen of the greatest Republic of Mankind. I see the human race united like a huge family by brotherly ties. We have made a sowing of liberty which will, little by little, spring up across the whole world. One day, on the model of the United States of America, a United States of Europe will come into being. The United States will legislate for all its nationalities.”

George Washington (1732–1799) first President of the United States

Attributed to Washington in "Farewell to the United States of Europe: long live the EU!" by André Fontaine at Open Democracy (29 November 2001) http://www.opendemocracy.net/democracy-europefuture/article_344.jsp. It appears to have originally circulated in French:
:: Je suis citoyen de la Grande République de l'Humanité. Je vois le genre humain uni comme une grande famille par des liens fraternels. Nous avons jeté une semence de liberté et d'union qui germera peu à peu dans toute la Terre. Un jour, sur le modèle des Etats-Unis d'Amérique, se constitueront les États-Unis d'Europe. Les États-Unis seront le législateur de toutes les nationalités.
: An anonymous blogger in "Did George Washington predict a "United States of Europe"? (30 January 2010) http://racehist.blogspot.com/2010/01/did-george-washington-predict-united.html showed that it derived from Gustave Rodrigues, Le peuple de l'action: essai sur l'idéalisme américain (A. Colin, 1917), p. 207:
:: Washington écrivait à La Fayette qu'il se condérait comme « citoyen de la grande république de l'humanité » et ajoutait : « Je vois le genre humain uni comme une grande famille par des liens fraternels ». Ailleurs il écrivait, prophétiquement: « Nous avons jeté une semence de liberté et d'union qui germera peu à peu dans toute la terre. Un jour, sur le modèle des Etats-Unis d'Amérique, se constitueront les États-Unis d'Europe. »
: A translation by Louise Seymour Houghton ( The People of Action: An Essay on American Idealism (1918) http://books.google.com/books?id=b8Y9AAAAYAAJ) reads:
:: Washington wrote to Lafayette that he considered himself a "citizen of the great republic of humanity," adding: "I see the human race a great family, united by fraternal bonds." Elsewhere he wrote prophetically: "We have sown a seed of liberty and union that will gradually germinate throughout the earth. Some day, on the model of the United States of America, will be constituted the United States of Europe." [pp. 209-210]
: The first two quotations come from a letter to the Marquis de Lafayette of 15 August 1786 (see above) as quoted in Joseph Fabre's Washington, libérateur de l'Amérique: suivi de Washington et la revolution Américaine (Ch. Delagrave, 1886), and the third is also found in that source where, although placed between quotation marks, it is clearly intended as the author's own comments on what "Washington and his friends" were saying to the world by establishing the American Constitution. Gustave Rodrigues mistakenly printed Fabre's words as Washington's alongside some actual observations of his from a letter to Lafayette, and so created the misquotation.
Misattributed

Thomas Jefferson photo

“The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities, of citizens of the United States; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Louisiana Treaty of Cession, Art. III (30 April 1803)
1800s, First Presidential Administration (1801–1805)

Lyndon B. Johnson photo

“In this same month ninety-five years ago-on March 30, 1870 — the Constitution of the United States was amended for the fifteenth time to guarantee that no citizen of our land should be denied the right to vote because of race or color. The command of the Fifteenth Amendment is unequivocal and its equal force upon State Governments and the Federal Government is unarguable. Section 1 of this Amendment provides: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

Lyndon B. Johnson (1908–1973) American politician, 36th president of the United States (in office from 1963 to 1969)

1960s, Special message to Congress on the right to vote (1965)

Richard Nixon photo

“North Vietnam cannot defeat or humiliate the United States. Only Americans can do that.”

Richard Nixon (1913–1994) 37th President of the United States of America

Address to the Nation on the War in Vietnam (3 November 1969) http://www.presidency.ucsb.edu/ws/index.php?pid=2303&st=&st1=
1960s

Frederick Douglass photo

“[T]he Constitution of the United States knows no distinction between citizens on account of color.”

Frederick Douglass (1818–1895) American social reformer, orator, writer and statesman

1860s, Reconstruction (1866)

“The purpose of this book is to legitimate the administrative state in terms of constitutional principle… Because public administrators at virtually all levels of government take an oath to uphold the Constitution of the United States, this neglect deprives the profession of the opportunity to consider an important normative foundation for its activities.”

John Rohr (1934–2011) American political scientist

Source: To run a constitution, 1986, p. ix

Ulysses S. Grant photo

“I desire to direct your attention to the fact that citizens of the United States, or persons claiming to be citizens of the United States, are large holders in foreign lands of this species of property, forbidden by the fundamental law of their alleged country. I recommend to Congress to provide by stringent legislation a suitable remedy against the holding, owning or dealing in slaves, or being interested in slave property, in foreign lands, either as owners, hirers, or mortgagors, by citizens of the United States.”

Ulysses S. Grant (1822–1885) 18th President of the United States

1870s, Third State of the Union Address (1871)

Abraham Lincoln photo

“I freely acknowledge myself the servant of the people, according to the bond of service — the United States constitution; and that, as such, I am responsible to them.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Letter to James C. Conkling (1863)
Context: A compromise, to be effective, must be made either with those who control the rebel army, or with the people first liberated from the domination of that army, by the success of our own army. Now allow me to assure you, that no word or intimation, from that rebel army, or from any of the men controlling it, in relation to any peace compromise, has ever come to my knowledge or belief. All charges and insinuations to the contrary, are deceptive and groundless. And I promise you, that if any such proposition shall hereafter come, it shall not be rejected, and kept a secret from you. I freely acknowledge myself the servant of the people, according to the bond of service — the United States constitution; and that, as such, I am responsible to them.

John Marshall photo

“It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank. Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137, 180
Marbury v. Madison (1803)

Carl Schmitt photo

“Value has its own logic. In the constitutional state that is most clearly recognizable in the enactment of its constitution.”

Carl Schmitt (1888–1985) German jurist, political theorist and professor of law

"The Tyranny of Values" (1967)

Related topics