Judicial Activism Essay: A Necessary Action
Judicial activism is rarely needed, but when it is employed, it is only in the most dire of
circumstances. It is the broad interpretation of the constitution of the United States by theOrder now
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.
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 children’s 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.
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.
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
He won it in 1966 for best actor on the show ;I Spy.; These .