S. Constitution which abolished slavery, and the Fourteenth Amendment which prohibits certain restrictive legislation on the part of the states.
4. Justice Harlan dissented with the majority in Plessy and declared the U. S. Constitution as color-blind, in that in view of the U. S. Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens.
5. In his dissent in Plessy, Justice Harlan pointed out that notwithstanding recent Amendments to the U. S. Constitution which supposedly eradicated the principle of Black Inferiority, in some states, whites asserted themselves as a dominant race, a superior class of citizens, who assumed to regulate the enjoyment of civil rights upon the basis of race.
6. Further in his dissent, Justice Harlan said that the judgment rendered in Plessy will in time, fade away and prove not to be as pernicious as the decision made by the same tribunal in the Dred Scott Case.
7. In the Court's holding in Brown v. Board of Education, the Court specifically concluded that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.