Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Supreme Court
In the landmark decision Brown v. Board of Education in 1954, the United States Supreme Court overturned the "separate but equal" standard adopted by the 1892 Plessy v. Ferguson. Until Brown v. Board of Education passed, American public schools were segregated. Brown v. Board of Education transformed American society by outlawing racial segregation. Now that American schools are integrated, the Brown v. Board of Education decision seems immutable. However, the decision potentially represents an overstepping of the Judicial Branch's power. While most people would agree that the decision of Brown v. Board of Education was absolutely mandatory, others would note that from a purely rational standpoint, the Supreme Court overstepped its role as an interpretive body.
In its reasoning, the Court relies on the research conclusion of psychologists as one of the bases of its decision. Although psychology may be considered to be a "soft" science, it is a science nonetheless. Peer-reviewed psychological journals and sociological journals rely on the scientific method; studies that do not meet the strident criteria of the American Psychological Association (APA) and other social science bodies are not included in the literature. Therefore, the Brown v. Board of Education can be reasonably said to be based on scientific knowledge.
The Judicial Branch of government, in this case the United States Supreme Court, has the power to transform our society, just as the Legislative and Executive Branches do. In fact, when the Judicial Branch makes decisions as momentous as the Brown v. Board of Education, it can potentially be challenged by the Executive and Legislative Braches. Therefore, the balance of power between the three branches of government remains intact and meaningful.
In response to the classmate's posting, I agree that "separate but equal has no place in our world and it is times like these that the government's decisions warrant justice served in our society." On the other hand, the decisions made by the nation's Supreme Court should be based solely on Constitutional Law. Therefore, so long as the Supreme Court is checked and balanced by the two other branches of government, it should have the power to transform a society's values and norms.
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal
While the decision has hung over states as one national standard, it infringes the essential principles of federalism and separation of powers that are rooted in the country's constitutional system (Silversten, 2011). During the time that the Supreme Court made this ruling, the state of Georgia basically had the same position on punishment for the crime of rape with many states. Actually, very few states permitted the executions or enforcement
Supreme Court Case Supreme Court Decision in Re Waterman, 910 2D (N.H. 2006) The Case The case addressed in this section of the report is that of Supreme Court case In Re Waterman, 910 A.2d 1175 (N.H. 2006). In this case, Tracy Waterman, working as a trooper for the New Hampshire State Policy was informed on August 29, 3003 that Vicky Lemere, the wife of one of Waterman's fellow troopers, informed Lieutenant Nedeau,
Supreme Court cases (Muller V. Oregon) women's right Why it was an issue of national importance The Muller v. Oregon case was among the most crucial Supreme Court cases in the U.S. during the progressive regime. The case held an Oregon law that limited the working days for female wage employees to a maximum of ten hours. In 1908, this case created a precedent to expand access of national activities into the
Supreme Court of Mississippi. CASH DISTRIBUTING COMPANY, INC. v. James NEELY. Facts In 1973, James Neely started working for Cash Distributing Co., a company that distributed Anheuser-Busch products in several parts of the United States. The company had offices in Columbus, Starkville and Tupelo. During the 1990s, James Neely was heading the Columbus office. By this time, Anheuser-Busch started to look more closely at the way some of its rules were enforced,
Supreme Court Case The Supreme Court decision in Plessy v. Ferguson was an extremely important one, and one which set a significant precedent in the United States that would not be overturned until the Brown v. Board of Education decision in the middle of the 20th century. The former case set the precedent for what was known as the separate but equal doctrine. The principle question considered in this case was