Judicial Activism Essay Example For Students

Judicial Activism Essay Judicial Activism Essay vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy (Wasserman American Politics 138). The believers of this philosophical view of how our judicial branch suggests that the Supreme Court is more active and participates in molding the policies of American society. 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. 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 childrens 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. 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 their fellow man. To help underprivileged blacks, affirmative action was put into place, insuring that those coming from poor backgrounds would not be left behind, simply because of a lack of money. This helped educate people who otherwise would not be able to afford it, showing once again that everyone deserves equal education, regardless of class, status or race. Blacks were also becoming accepted in the mainstream, as political figures, and as entertainers. The first black Supreme Court justice was Thurgood Marshall, sworn in in 1967. He was the first true sign that blacks could have power in the United States government. He was retired in 1991, serving 24 years on the bench. He died two years later, but will always be remembered as a great civil rights leader and hero to activists everywhere. It was he who won the Brown v. Board of Education case, effectively destroying the legal basis for segregation in America and making way for all the advances stated above. He also won some of the cases that paved the way for the landmark Brown case. One of these was Sweatt v. Birth Defects Essay Painter, a case where a black man was denied entrance into a graduate school simply because of his race. He also investigated armed forces stationed in South Korea and Japan, noting that the general practice was one of ;rigid segregation.; Also, black entertainers became increasingly common. Comedians and actors were appearing more and more, and they were welcomed with open arms. In 1963, the first Oscar awarded to a black man was given to one Sidney Poitier, for his performance in the film ;Lillies of the Field.; Bill Cosby was the first black actor to win an Emmy award. He won it in 1966 for best actor on the show ;I Spy.; These .