Sunday, September 14, 2008

Courts or legislatures?i

While it can be said that the legislative branch has the greatest power of the government's three branches (i.e. legislative supremacy), I personally believe the judicial branch has the most power. I believe the reason is simple: judicial review. The process of judicial review allows the courts the power to look over (review) laws made by congress. If the court rules that a law violates the constitution, then the court essentially has the power to re-write the law. This "informal amendment" process is extremely significant because in a way the judicial branch can get the "last say". In terms of desegregation, the courts had the greatest impact on history. Since the ruling of Plessy vs Ferguson,  states were able to maintain segregated schools through the separate but equal principle. While Brown vs Board  was a benchmark case in that it declared separate but equal unconstitutional, it is more significant because it set a precedent for the changes that came in the following civil rights movements. I feel as if it isn't fair to criticize the court. Of course race relations would have worsened because the court is changing centuries worth of race relations. 

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