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Is the Judicial Branch Still the Weakest Branch of Government - Essay Example

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Even though judiciary may seem powerless, constrained and having reduced influence on transforming public policy to the majority of individuals, there have been several times in the United States history where the Judiciary’s political powers are ostensible. With the power…
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Is the Judicial Branch Still the Weakest Branch of Government
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Brown vs. Board of Education: School Segregation, Equal Protection: Even though judiciary may seem powerless, constrained and having reduced influence on transforming public policy to the majority of individuals, there have been several times in the United States history where the Judiciary’s political powers are ostensible. With the power expansion over time, to assert that judiciary is the weakest branch of the American government is an understatement. Therefore, this paper examines the case of Brown versus Board of Education and gives an insight to the position of the judiciary in the American government.
During 1950s, schools in Topeka, Kansas were separated by race. Every day, Linda Brown together with her sister had to pass through a risky railroad switchyard to reach the bus stop for the drive to their all black elementary school. The elementary school near the Brown’s house was only for the white students. This prompted Linda Brown together with her family to present this issue to court since it breached the 14th Amendment. The judgment passed by the federal district court was that discrimination in public education was detrimental to black students but since both all- white schools and all black schools had similar transportation, buildings, teachers, as well as, curricula, the court declared the segregation lawful (Olivo 123). Being dissatisfied with the court verdict, the Browns took their case to the Supreme Court asserting that although the facilities were the same, discriminated schools could never be alike to one another. Eventually, the Supreme Court passed their judgment that state laws demanding segregated but equal schools breached the EPC (Equal protection clause) of the Fourteenth Amendment.
This case was relevant since it set the basis for the civil rights movements and provided African Americans with the hope of the removal of segregated but equal on every front policy. In fact, it reversed decades of the segregationist practices in America. Therefore, it is a transformational event, which brought the birth of social and political revolution, and opened the entrances of all public schools to every individual within the US. Additionally, it enabled individuals of different colors have equal chances to a public and free education irrespective of their races and residential places.
The judicial unit of the US lacks power to judge, and this choice to carry decisions and make the judgment lies on the executive. As noted by the court’s decision in Brown v. Board of Education, the executive delegates the privilege and holds the communitys sword (Court Decisions That Changed the Nation: Brown v. Board of Education. To him, the executive is the branch of government, which has the power to enact laws of the state while the judicial branch has no such powers whatsoever. Turner also argues that, the legislature commands the purse and prescribes the rules through which duties and rights of the residents are controlled (34). It is the legislature, which implements the laws and controls the money and, therefore, answerable to the public through elections. Conversely, the judicial branch neither implements laws nor directs money spent by the state. Therefore, from the arguments herein, even though it suffices that the judicial branch has limited powers and roles, this branch is essential and cannot be regarded as the weakest branch in the American government.
Works Cited
Alabana, Martin. "Brown vs. Board of Education Essay - Stormfront." Stormfront - White Nationalist Community. N.p., 7 July 2004. Web. 14 Apr. 2014. .
Olivo, Christiane. "Bringing Women In: Gender and American Government and Politics Textbooks." Journal of Political Science Education 5.3 (2012): 123-145. Print.
Turner, Bob. "Introduction to American Government 101 Fall." A journal on American Government 10.6 (2008): 34-45. Print. Read More
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