Which case is the best example of judicial activism?

Study for the VirtualSC Honors Government Exam. Practice with flashcards and multiple-choice questions, each offering hints and explanations.

The selection of Brown v. Board of Education as an example of judicial activism is well-founded. This landmark Supreme Court case decisively overturned the precedent set by Plessy v. Ferguson, which sanctioned racial segregation under the doctrine of "separate but equal." In Brown, the Court ruled that state-sponsored segregation in public schools was unconstitutional, as it violated the Equal Protection Clause of the Fourteenth Amendment.

The decision in Brown signified a vigorous interpretation of constitutional rights and an active role of the judiciary in addressing social injustices. The Court's willingness to confront and dismantle the established legal framework of segregation demonstrated its commitment to ensuring civil rights, even against significant societal resistance. This proactive stance in redefining the law and advancing social justice is a hallmark of judicial activism.

In contrast, other cases on the list, such as Roe v. Wade, also exhibit traits of judicial activism but in different contexts, particularly regarding reproductive rights. Marbury v. Madison is foundational for establishing judicial review but does not showcase activism in the same way. Scott v. Sanford is considered regressive in nature, reinforcing slavery rather than promoting justice or equality.

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