Defined judicial activism and judicial restraint. Explain the reasons that judges would exercise activism or restraint, and tell Plessy versus Ferguson and Brown versus Board of Education were examples of each.
Judicial activism refers to judges proactively interpreting the law and making decisions that have a significant impact on society. This involves interpreting the law to promote social change or address issues not explicitly addressed by legislation. Judges who engage in judicial activism may take a more expansive view of the Constitution and seek to protect rights that they believe are not adequately addressed by existing laws.
On the other hand, judicial restraint refers to judges limiting the exercise of their power by deferring to legislative or executive branches to make decisions. This approach takes a more conservative view of the law, interpreting it narrowly and only making decisions directly supported by existing laws or legal precedent.
Judges may choose to exercise activism or restraint for various reasons. Activism may be necessary in cases where existing laws are deemed insufficient to protect individual rights or to address pressing societal issues. Restraint may be preferred when judges believe that the legislative or executive branches are better suited to address a particular issue, or when they are concerned about the potential consequences of making broad, sweeping decisions.
Plessy v. Ferguson (1896) is an example of judicial activism, where the Supreme Court upheld the constitutionality of racial segregation under the doctrine of "separate but equal." This decision had a significant impact on the civil rights movement and perpetuated the practice of segregation for decades.
Brown v. Board of Education (1954), on the other hand, is an example of judicial activism, where the Court overturned the "separate but equal" doctrine established in Plessy v. Ferguson and ruled that segregation in public schools was unconstitutional. This landmark decision marked a turning point in the civil rights movement and led to the desegregation of schools across the United States.