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Judicial Activism vs Judicial Restraint

izens of the United States. As well, in Plessy v. Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution ("separate but equal"). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional.Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land. However, as one critic points out, "No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch." However, anticipating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country....

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