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.