Compare and contrast judicial self-restraint and judicial activism by analyzing how a proponent of each would have decided Brown v. Board of Education
What will be an ideal response?
Answer:
An ideal response will:
1. Explain that a proponent of judicial self-restraint favors narrow interpretation of the Constitution and would only strike down a law that is clearly unconstitutional.
2. Acknowledge that the segregation policies at issue in Brown were not plainly unconstitutional.
3. Explain that a proponent of judicial activism favors broad constitutional interpretation to promote justice and fairness.
4. Acknowledge that fairness dictated the result in Brown.
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