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Ignore how it could happen.
In light of Rand Paul's performance on Rachael Maddow's show it got me thinking: What if in the case Plessy v. Ferguson, Homer Plessy had won and the doctrine of separate-but-equal that granted governments the power to segregate, had been ruled unconstitutional? A lot more of the rights blacks got under Reconstruction might be preserved in that case, so looking at the way things worked for the Reconstruction period or even the Civil Rights Act of 1875 might be instructive as to trends etc.