The Major Political Issues of The Case
The monumental decision by the in the Brown V. Education Board case gave Black Americans the right to learn alongside whites in schools. The Court asserted that even though schools for whites and blacks are equal, separating black and whites is racial segregation. The act deliberately targeted deliberate and unintended form of discrimination in education. Its effect was felt in virtually every sector of American society. A Deliberate discrimination is one that is knowingly expressed. in the decision in this case established clear guidelines or procedures that can be followed in removing racial discrimination in one of the most important institutions in society. The ruling was under sharp political focus since it would essentially transform the landscape of racial interaction in the U.S. At the very least, it was believed that it would enable future generations to have a broadened race perspective whereby they shed the past stereotypes and treat everybody equally. The ruling set precedence for the creation of the Civil Rights Act.
While black people still face inequality in the U.S, the injustice would have been much worse without the precedence set in the case. The inclusion of the policy in America’s constitution marks a key point in the country’s history as it is geared towards creating an equal society where each citizen can thrive irrespective of their race, gender, or color. The Civil Rights Act is monumental law since it acknowledged the diversity within America’s populations and enforced ways to ensure that this diversity favors everybody. The case led to the enactment of the Civil Rights Law, which to date, remains the biggest reformation ever done to civil rights law in the United America.
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Reasons for Review of the Case
The case was reviewed since it illuminated racial segregation within U.S society, particularly in the criminal justice system. Racism has been rampant in America’s criminal justice system throughout its history. Whereas there is still some racial inequality today, the situation was far worse in the 19 th century when blacks were seen as inferior to whites leading to adverse rulings. The racism within the justice system is illuminated by the case.
The case supported the constitutionality of racial stratification for public amenities with the rationale being that the facilities that were segregated were the same in quality. The assertion of the Court gave legitimate grounds for several state laws that re-created racial division passed in the southern States following the Reconstruction era ( Browne-Marshall, 2011) . It also led to the separate but equal ideology.
The case was the first significant evaluation of the meaning of the same safeguard Act within the Fourth Amendment. The clause prohibits states from rejecting equal safeguard of the legislation to any individual within their territories. Even though the Courts widely held decision did not encompass the terms discrete but alike, it gave constitutional legitimacy to legislations developed to propagate racial separation through discrete and allegedly alike public services and facilities for whites and African Americans ( Browne-Marshall, 2011) . It acted as a precedent for other judicial cases before the civil rights movement.
Why Judicial Reviews Should Be Used More Often
Judicial reviews enable a comprehensive examination of cases that have the potential to change the landscape of the country. They are important as they apply a rigorous process that ensures the law is applied well. An appeal is the examination of the application of the law by the trial court ( Lindseth, 2018) . An appeal does not feature a jury or witnesses presented by lawyers and other types of evidence. The court will approve the facts as they were shown in the trial court, except if a factual finding is apparently against the weight of proof. Appeals are usually heard by panels, typically composed of three judges. In sporadic occasions, the entire court may arrive at the decision to grant a motion for hearing whereby every judge on the appeals court listens to the case at the same time and submit a novel decision. Supreme courts, in both the federal and state levels, feature 5 to 9 judges, who are called justices.
The primary method of persuasion on appeal is the typed appellate brief, issued by the advocate for each entity. With this brief, the entity that was defeated in the court trial will assert that the trial judge wrongfully applied the law. The entity that won will assert that the decision arrived at by the trial court was right. Both entities will reinforce their assertions with reference to the suitable statues and case laws. An appeal is exceedingly a scholarly event than a trial ( Lindseth, 2019) . Whilst the litigator must be a dynamic strategist in the courtroom, making objections and motions, calling witnesses, and cross-examining, the appellate advocate develops his/her case on the basis of the brief, prior to the hearing of the appeal. The application of such a rigorous process ensures judicial reviews come up with fair and accurate findings hence should be used more often.
References
Browne-Marshall, G. J. (2011). The Constitution: Major Cases and Conflicts . Pearson Learning Solutions
Lindseth, P. (2019). Judicial Review in Administrative Governance: A Theoretical Framework for Comparative Analysis. In Judicial Review of Administrative Discretion in the Administrative State (pp. 175-194). TMC Asser Press, The Hague.
Schmidt, S. (2018). American Government and Politics Today, Brief . Cengage Learning
