The Street Lawyer Thread

[Bu11dogg2]

As many of you know, I used to be a police officer here in NH.

I happen to know a bit about NH law and I would like to offer help to anyone who has questions.

I cannot however give legal advice as I am not an attorney.

[TurboRush]

Heres the storey... In 1890, Louisiana passed a law called the "Separate Car Act." This law said that railroad companies must provide separate but equal train cars for whites and blacks. Blacks had to sit with blacks and whites had to sit with whites. This is called segregation. Anyone who broke this law would have to pay $25 or go to jail for 20 days.

Homer Plessy was a 30-year-old shoemaker who lived in Louisiana. On June 7, 1892, Plessy purchased a train ticket from New Orleans to Covington, Louisiana. Plessy was one-eighth black (seven of his great grandparents were white and one was black), but under Louisiana law he was considered black. Therefore, he was required to sit in the "Colored" car. However, Plessy sat in the "White" car and was arrested.

Plessy argued to the district court that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. The Thirteenth Amendment says that slavery is illegal anywhere in the United States, and the Fourteenth Amendment says that the government must treat all people equally.

John Howard Ferguson, the district court judge, said that in a previous court case that the Separate Car Act was unconstitutional for trains running outside of Louisiana. However, he decided that the law was constitutional for trains running inside the state and found Plessy guilty.

The Louisiana State Supreme Court agreed with Judge Ferguson that the Separate Car Act was constitutional. Plessy then took his case, Plessy v. Ferguson, to the Supreme Court of the United States (the highest court in the country).

1. What law did Homer Plessy break? How did Plessy break this law?

2. What rights do the Thirteenth and Fourteenth Amendments to the Constitution provide?

3. Why did Plessy believe that the Separate Car Act violated his Thirteenth and Fourteenth Amendment rights?

4. Judge Ferguson decided that the state could make laws for railroad companies that traveled within the state but not for those that traveled between states. How can Judge Ferguson treat these two situations differently?

5. Do you think it is possible for blacks and whites to be separate and equal? Why or why not? If so, describe an example or situation where people can be separate and equal.

[Bu11dogg2]

1. By the current understanding of our constitution, none. 1890 is many years prior to 1960's Civil rights act (CRA'64). The laws of the time were based off colonial "common law" and did not specify whether a percentage of heritage affected racial description. With this being said, the decision was strickly "case law".

2. Many people rememebr the 13th as the abolishment of slavery, when in fact it is multifacited. It also covered indentured servitude, or slavery by any other means. This amendmenet prevented post slavery laws from keeping slaves ont eh fields until they finished paying off their debt, at times this could take hundreds of years. I watched an interesting show on the share croppers and how they would make black men stake holders in their land, then tax them on the land (that they don[t even own)and take a cut of their pay. It was vicious circle :spin:

The 14th is tricky... it cover a different aspect then the 13th in the fact that it relates to citizenship. The Jim Crow laws basically laughed in the face of this amendment.

3. I'm not quite sure why he used teh 13th... this seems more like a segregation issue then a slavery issue :aim:
Teh 14th is a broad amendment...
He used teh 14th to argue the segregation of the train cars or moreover "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States" Plessy felt as though the segregation, regardless of race or amoutn of race was unconstitutional.

4. Judge Ferguson has no control over trains that leave his state. He can however make the trains entering his state abide by his laws. It is my opinion that he was scared of his neighboring states and did not want to cause a rift with incoming trains.

5. I suppose seperate but eqaul is possible, however I think this will lead to marked increase in pluralism. America has always been known as teh "mixing pot" of the world.

Look at other countries with divided states... Isreal.... Ireland.... pre 1989 Germany... I really don't want to see this in America.

[TurboRush]

I am definitely not going to read this.

[Bu11dogg2]

Any questions pertaining to NH law :lol:

[Bu11dogg2]

I am definitely not going to read this.


the thread or my answer? :lol:

[chris07outback]

how about The People vs. Larry Flint.

[TurboRush]

the thread or my answer? :lol:

Your answer.... :rofl:

[Bu11dogg2]

I was simply humoring you :lol:

Anyone have a law related question?

[TrickyDik]

I can help out too as I have an associates in Criminal Justice, working on my bachelors degree, I've worked/interned for a couple police departments in NH (not a sworn member) and I'm currently working on getting hired to a Officer position. Also I'm familiar with a certain aspect of federal law from working in the Coast Guard.

[2mprzya]

my dads been an officer for over 30 years, i know a few things, other tough things a can always give him a ring.

[Kevin]

I want front window tint in nh.

How can I get away with it? :devil: its only 35%

[banned4life]

I want front window tint in nh.

How can I get away with it? :devil: its only 35%

talk to vlad. he has probably 15% all the way around. medical waiver ftw

[Bu11dogg2]

You're not gonna get away with front tint in NH unless you have a waiver or a pickup truck/SUV