Brown Vs Board Of Education Case Analysis

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Supreme Law, Supreme Body Brown v. Board of Education creates a lot of conflict for both modern liberals and conservatives on the Court. Brown was loaded with questions of morality, constitutional jurisprudence, and judicial philosophy. For liberals, the case presents a problem because it was not founded on any clear constitutional provisions and seemed to be a stretch even for modern judicial activists. For conservatives, the desire to adjudicate according to the provisions of the Constitution makes Brown a difficult decision to support, but at the same time it is also quite difficult to argue that the decision had any negative impacts on society considering it improved the general liberty of black members the United States. Cooper v. Aaron, as well as affirming Brown, continued the advancement of power of the Court by appealing, not to the Constitution, but to extra-constitutional authority the Court believed it now wielded in order to make sure the …show more content…
In the decision the Court addresses some of the questions John Marshall settle during the time of the early Court, however, this more modern Court takes it to the next level. Rather than appealing to the Constitution the Court, in Cooper, appeals over and over to its own authority given to them by precedent from former decisions, “Smith v. Texas… Bolling v. Sharpe… Brown v. Board.” The Court also harkens back to Chief Justice Marshall’s adjudication on judicial supremacy writing, “ Marshall… referring to the Constitution as ‘the fundamental and paramount law of the nation,’... ‘it is emphatically the province and duty of the judicial department to say what the law is.” What the Court has done here is, if done in the instance of Biblical interpretation, is considered an obvious and egregious sin; taking words out of

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