Judicial Activism :: essays research papers

Judicial Activism: A Necessary Action   Ã‚  Ã‚  Ã‚  Ã‚  Judicial activism is rarely needed, but when it is employed, it is only in the most dire of circumstances. It is the broad interpretation of the constitution of the United States by the Supreme Court. Some argue that this should not be done, but if it had not been, slavery would still exist in America. It is obvious that in some cases, it is necessary to expand civil rights beyond what the constitution explicitly states. This was the case in Brown v. Board of Education. 9 black students were allowed into a white school, previously segregated. This was the landmark case in the battle for black civil rights. The judicial activism displayed by the Supreme Court led to an end to segregation, social equality for blacks and allowed them to reach respected positions in the American society.   Ã‚  Ã‚  Ã‚  Ã‚  A major effect of the Supreme Courts decision was the desegregation of schools everywhere. Integration became federal law, and schools could no longer bar applicants based on race alone. By enforcing this law, the Court allowed blacks to recieve the same education as whites and effectively removing their status as second-class citizens. They were one step closer to being fully accepted by the white majority. The integration of children's schools was a controversial step, and many southerners opposed it with extreme prejudice. There were riots to oppose this move, but eventually the chaos was subdued and after order was restored, schools were fully integrated. Black children were now on equal footing with white children and could no longer be called less intelligent, as they would recieve the same education. Also, this case led to the 15th amendment, giving blacks the right to vote. This was an important event, effectively making them complete citizens, legally equal to white men in every way. They could now vote for the president, a key part of the representative democracy present in the United States. They became able to directly affect the law, by voting.   Ã‚  Ã‚  Ã‚  Ã‚  Social equality was a major gain for the blacks. As a result of this case, and others after it, they became increasingly accepted in a previously white-dominated society. With any form of discrimination outlawed and punishable by law, there was no way they could be kept from their rightful position as equals in every respect. Lawsuits against discriminators became increasingly common, and the mindset of the common American was one of tolerance and compassion for