Legislation
is powerless to eradicate racial instincts
or to abolish distinctions based upon
physical differences, and the attempt to
do so can only result in accentuating the
difficulties of the present situation. If
the civil and political rights of both
races be equal, one cannot be inferior to
the other civilly [p*552] or politically.
If one race be inferior to the other
socially, the Constitution of the United
States cannot put them upon the same
plane. - Justice Henry Brown
But
in view of the Constitution, in the eye of
the law, there is in this country no
superior, dominant, ruling class of
citizens. There is no caste here. Our
Constitution is color-blind, and neither
knows nor tolerates classes among
citizens. In respect of civil rights, all
citizens are equal before the law. -
Justice John Harlan, dissenting