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)
Judicial restraint was necessary in the Supreme Court's decision of Plessy v. Ferguson to uphold states' rights and defer to the legislative branch, while judicial activism was necessary in the Supreme Court's decision of Brown v. Board of Education to correct a longstanding injustice and protect the rights guaranteed by the Constitution.
The concept of judicial restraint can be supported in the Supreme Court's decision of Plessy v. Ferguson as it upheld the constitutionality of racial segregation, showing a deference to legislative authority, while the concept of judicial activism can be seen in the Supreme Court's decision of Brown v. Board of Education as it actively intervened to strike down the doctrine of "separate but equal" and promote racial desegregation.
In support of judicial restraint in the Supreme Court's decision of Plessy v. Ferguson, one could argue that the Court's deference to the existing social and political norms upheld the concept of "separate but equal," despite its later implications. Conversely, in the Supreme Court's decision of Brown v. Board of Education, the concept of judicial activism can be seen, as the Court actively sought to dismantle the racially segregated education system, challenging the status quo and promoting social change.
