Read the following excerpt from Plessy v. Ferguson.

Question

“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.(1 point)
Responses

The decision used strict constructionism by explaining the federal power to legislate education within state borders.
The decision used strict constructionism by explaining the federal power to legislate education within state borders.

The decision used liberal constructionism by interpreting the amendment’s author’s intent to explain the Fourteenth Amendment.
The decision used liberal constructionism by interpreting the amendment’s author’s intent to explain the Fourteenth Amendment.

The decision used liberal constructionism by citing the precedent of separate educational facilities are inherently unequal.
The decision used liberal constructionism by citing the precedent of separate educational facilities are inherently unequal.

The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.

Answer 1

The correct response is:

The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.

In the Plessy v. Ferguson decision, the Court took a strict constructionist approach by focusing on the text of the Fourteenth Amendment and interpreting it in a way that allowed for legal distinctions based on race, specifically permitting segregation under the “separate but equal” doctrine. The Court did not delve deeply into the broader intents of the amendment's authors or the social implications of equality, thus adhering closely to the literal language and established precedents of the time.