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Essay on judicial activism and review
Judicial activism general essay
Judicial activism general essay
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This court case, one that impacted many people and the society at the time, began in Topeka, Kansas and heard by the U.S. Supreme Court. It was actually two decisions, Brown I and Brown II, and five cases; all centered around racial segregation. The Supreme Court initially did not want to take on the case of racial segregation because of the 1896 case Plessy v. Ferguson. This previous case, between Homer Plessy and John Ferguson, had ruled that separate but equal facilities were constitutional. It set a precedent that the Supreme Court itself did not want to challenge. In summary, this case was established when Plessy, a man with a white appearance but had an African American background, opted for a seat in a “white” section of a car on the …show more content…
This is mentioned whenever the Fourteenth Amendment was challenged. The unanimous decision for Brown in Brown v. Board of Education helped to expand the specific constitutional civil liberty of equal protection. It happened when the judges decided to reverse the separate but equal precedent that was set almost 60 years earlier. If it wasn’t for the efforts of Charles Hamilton Houston, Thurgood Marshall and Earl Warren this decision would probably not have been reached. Houston was a dean of the Howard Law School and a vital member of the NAACP. The NAACP organization set the stage for these cases by desegregating law universities in cases like Sweatt v. Painter. He was also connected to Thurgood Marshall since Marshall graduated from Howard Law School. Marshall was essential as he was the defense lawyer in Brown v. Board of Education. He assisted in arguing for Brown and eventually winning his case. Finally Warren wasn’t originally on the Supreme Court until Chief Justice Vinson died and President Eisenhower appointed Warren. Warren had a large part in making the Court’s decision unanimous through multiple rearguements, presenting it as a moral issue, stating that voting for desegregation would open up another topic of how the actual desegregation would occur, and giving a “broad outline of his opinion.” Throughout these methods Warren was able to persuade Jackson and Reed to agree with desegregation while maintaining the support he previously
In 1896, the Supreme Court was introduced with a case that not only tested both levels of government, state and federal, but also helped further establish a precedent that it was built off of. This court case is commonly known as the case that confirmed the doctrine “separate but equal”. This doctrine is a crucial part of our Constitution and more importantly, our history. This court case involved the analysis of amendments, laws, and divisions of power. Plessy v. Ferguson was a significant court case in U.S history because it was shaped by federalism and precedent, which were two key components that were further established and clarified as a result of the Supreme Court’s final decision.
It is important, of course, to note that the Supreme Court was not able to immediately create and implement desegregation policy, because the Court does face constraints in the area of local implementation. However, the Brown decision was crucial for the success of the desegregation movement, because it supported the Civil Rights Act and provided a precedent for later decisions like Green that would help to implement the ruling at the district level. The courts were thus able to make decisions in this policy area that profoundly shaped the way that civil rights policy developed in the United States, as the courts were enabled to create successful policy in the area of school desegregation because of the combined influence of federal court
Throughout American History, many minorities have fallen victim to cruel discrimination and inequality, African Americans were one of such minorities that greatly suffered from the white majority’s upper hand. After the end of the Civil War and the Reconstruction period following it, many people, especially the Southern population, were extremely against African Americans obtaining equal rights in the American society. Due to this, these opponents did everything in their power to limit and even fully strip African Americans of their rights. The Supreme Court case of Plessy v Ferguson in 1896 is an excellent example of the obstacles put forth by the white population against their black counterparts in their long and arduous fight for civil liberty and equality. Even though the court upheld the discriminatory Louisiana law with an 8-1 decision, John Marshall Harlan’s dissent in the case played a significant role in the history of the United States for it predicted all the injustice African Americans would be forced to undergo for many more years, mainly due to this landmark decision.
The court case of Plessy vs. Ferguson created nationwide controversy in the United States due to the fact that its outcome would ultimately affect every citizen of our country. On Tuesday, June 7th, 1892, Mr. Homer Plessy purchased a first class ticket on the East Louisiana Railroad for a trip from New Orleans to Covington. He then entered a passenger car and took a vacant seat in a coach where white passengers were also sitting. There was another coach assigned to people who weren’t of the white race, but this railroad was a common carrier and was not authorized to discriminate passengers based off of their race. (“Plessy vs. Ferguson, syllabus”).Mr. Plessy was a “Creole of Color”, a person who traces their heritage back to some of the Caribbean, French, and Spanish who settled into Louisiana before it was part of the US (“The Rise and Fall of Jim Crow”). Even though Plessy was only one eighth African American, and could pass for a full white man, still he was threatened to be penalized and ejected from the train if he did not vacate to the non-white coach (“Plessy vs. Ferguson, syllabus). In ...
Many African Americans have contributed to the development of criminal justice field by their legal endeavors. One of these individuals is Thurgood Marshall, who played a role in desegregation in American public schools and became the first African American attorney to win a Supreme Court case. His major contributions in this field were mainly through his civil right activism while at NAACP. In particular, Marshall’s successful intervention in defending the three men involved in the Brown Supreme Court decision made him one of the greatest African American
Earl Warren is considered a leader in American politics and law in the 20th century. Warren was the governor of California and during his time was able to secure many major reform legislations that helped modernize hospital systems, prisons, and highways. His time as governor also led to the expansion of the old-age and unemployment benefits. In 1953, he became the 14th Chief of Justice of the U.S. Supreme Court. As Chief of Justice, he was able to rewrite much of the corpus of constitutional law. His most famous case as Chief of Justice was Brown v. Board of Education of Topeka. This case ruled that segregation in schools was unconstitutional since it did not give equal protection under the law to African Americans. Although the court was divided at first, his efforts were able to gain a unanimous decision. His court also sought out electoral reforms, equality in criminal justice and the defense of human rights. In 1963, Gideon v. Wainwright was a major case that sought equality in criminal justice. This case required counsel in court for defendants even if they could not afford
Thurgood Marshall was one of the famous Supreme Court judges who had a huge impact on the justice department regarding the civil rights and the society in general. One of the notable quotes by Justice Marshall was that "power, not reason is the currency of this court decision making." This quote has a lot of implication regarding the civil rights, during the time Marshall had observed a change in the judicial system regarding composition to the judges (Vile, and Joseph 14). There was a transformation in the courts where senior judges had retired paving a way for younger justices. These changes also affected the perception and views of the justice, regarding civil rights. The shift from analysis
Thurgood Marshall was known in the NAACP’s Legal Defense as “Mr. Civil Rights,” because he fought many battles over segregation in the courts. Thurgood Marshall was surrounded by a team of brilliant lawyers, one in particular, Oliver Hill, from Virginia. Mr. Hill won many civil rights suits dealing with discrimination in education and wages. The civil rights movement included different groups with many priorities, all working toward the larger goal of social equality. The most highly educational law suit is Brown v. Board of Education. Oliver Brown sued the Topeka, Kansas, Board of Education to simply allow his own 8 year old daughter Linda attend a nearby school for whites only. Imagine every day walking by a school that have your grade level, riding a bus for miles to attend a school where only students of color must attend. On May 17, 1954, in Brown v. Board of Education of Topeka, Kansas, and this is when the Supreme Court issued its historic ruling. It was Thurgood Marshall that spoke to reporters in New York City in 1955, after the Supreme Court ordered the desegregation of public schools. Marshall later became the first African American Supreme Court
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.
In 1896, the Plessy v. Ferguson Supreme Court decision set that “separate” facilities for blacks, and whites was constitutional. With the Brown v. Board of Education decision, Plessy was overturned along with the separate but equal implementation. The Brown v. Board of Education case all started with African American children who were denied acceptance in white schools. In a PBS Article the author discusses how a case was filed against the Topeka Kansas school board by Oliver Brown. Alexander McBride states “Brown v. Board of Education was filed against the Topeka, Kansas school board by representative-plaintiff Oliver Brown, parent of one of the children denied access to Topeka 's white schools. Brow...
( “Brown v. Board of Education”) Marshall was instrumental in ending segregation and became the first African American justice of the Supreme Court. Thurgood was a significant figure in American history because he fought for economic, social, and political justice for minorities as well as helped stop segregation in America’s education system.
During the years the Supreme Court has gone through some changes of its’ own. While Chief Justice Earl Warren was there the first African-American Justice was named to the court: Thurgood Marshall. Chief Justice Warren’s leadership marked a force in social issues. Along the lines of desegregation, election reform and the rights of defendants.
Plessy vs Ferguson was a case in which it stated a precedent. In 1892, an African American named Homer Plessy did not give up his seat to a white man("HISTORY OF BROWN V. BOARD OF EDUCATION"). He then got arrested and taken to jail. Plessy than went to the Supreme Court to argue that his Fourteenth Amendment was violated. However, the Supreme Court ruled against Plessy and set the precedent that “separate but equal” is really equal("HISTORY OF BROWN V. BOARD OF EDUCATION") .
The plessy v. ferguson cases as many might know was a case in which involved Plessy who according to the law he was black when in reality he was both. Plessy decided to seat in an all white section in a train when he was later arrested. In court although it was stated it violated the 13 and 14 amendment the judge different wise and stated his decision, separate but equal (its constitutional). Because I really didn’t agree with the decision it made it quite hard to find its premises. But according to the section from the book and from what I understood it stated that states may pass laws to allow police power, separate schools by race Is common and all laws must be reasonable. Moreover, although I disagree with it and believe the premises are weak I think it is valid because it’s from a professionals input. In other words, the premises had made sense back in the day. I think it is a sound argument because its premises seem verifiable, although the premises are much more ignorant they are supporting the conclusion.
Through his dissenting opinion in the Supreme Court case Plessy v. Ferguson, Justice Harlan takes a definitive stance against the laws that deny African Americans equal rights in any form, whether it be through the denial of voting rights or the formation of segregated communities. Harlan was a strong supporter of civil rights for all people, regardless of race. He argued that segregation laws violate the 14th Amendment because the Constitution is “color-blind” and has neither “caste” nor “class”. He also claimed that they encourage the idea that African Americans are both unequal and inferior to whites. Harlan condemned his fellow justices, who composed the majority for the case, for allowing the “seeds of race hate to be planted under the