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The Constitution does not refer to the three branches of the US government as "separate but equal"; it talks about the "separation of powers," meaning each branch of government has authority in certain areas that the others do not.

"Separate but equal" is a term that arose from the US Supreme Court case Plessy v. Ferguson, (1896), that said it was constitutional to provide separate public facilities for African-American and white people. This decision lead to decades of racist "Jim Crow" laws across the United States, but particularly in the South. The "separate but equal" doctrine was finally declared unconstitutional in Brown v. Board of Education,(1954), when the Supreme Court overturned the Plessy decision and ordered the end of segregation in public schools.

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