In 1–2 sentences, develop an argument to support the concept of judicial restraint in the Supreme Court’s decisions of Plessy v. Ferguson and the concept of judicial activism in the Supreme Court’s decision of Brown v. Board of Education.(2 points)
1 answer
Judicial restraint was exemplified in the Supreme Court's decision of Plessy v. Ferguson as the Court upheld the constitutionality of racial segregation, deferring to the established precedent and giving deference to the legislature's authority in such matters. Conversely, in the case of Brown v. Board of Education, the concept of judicial activism was displayed as the Court actively interpreted the equal protection clause of the Fourteenth Amendment to strike down racial segregation in public schools, acknowledging the changing societal attitudes and using its power to effectuate social change.