Judicial Power in American Politics: The Expanding Role of the Judiciary and Policy-Making Reform
Overview
This paper examines the expanding power of the judiciary in American politics, with particular emphasis on how federal courts influence policy-making through constitutional interpretation. The author analyzes landmark Supreme Court decisions, specifically Brown v. Board of Education (1954), as a pivotal example of judicial reform that overturned previous segregation policies and aligned with constitutional protections under the Fourteenth Amendment.
What this essay covers
- Introduction to judicial power expansion and constitutional separation of powers in the USA
- Analysis of Supreme Court's policy-making role through federal court decisions and constitutional reinterpretation
- Case study of Brown v. Board of Education (1954) and its reversal of Plessy v. Ferguson (1896) regarding racial segregation in schools
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Judicial Power in America Politics
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Judicial Power in America Politics
In recent years, the power of the judiciary is expanding in various countries in Europe and Latin America, the United States of America (USA) included. Based on the Constitution of the US, it provides the independence of the Judiciary based on the principle of separation of powers. The powers of the judiciary in the US continue to develop as compared during the thirties and the fifties. In respect to this judicial branch, there are major reforms taking place which has had a significant effect on policy-making in American politics. The above statement is evident when it comes to federal courts reinterpreting the law or the Constitution. Supreme Court decisions, for instance, are important in that they become the “law of the land” for the whole country. Brown v. Board of Education (1954) is an ideal example of a landmark case in which the Supreme Court changed a policy in the US.
During 1954, various states across the US had racially segregated schools which was previously legal based on the court decision pitting Plessy v. Ferguson (1896). The ruling argued that segregated facilities were constitutionally provided facilities in both white and black schools that match each other. Civil rights groups, however, started to advocate for the abolishment of the segregated facilities. Brown v. Board of Education was therefore filed specifically against the Topeka, Kansas School.