Controversy has arisen over whether the judicial branch of our government should make public policy for our nation. Supporters of the judicial activism believe that Supreme Court decisions should set new policies. On The other hand, supporters of the judicial restraint believe that elected officials and not the courts should make public policy. Areas of public policy influenced by the Supreme Court were the decisions to set new political, economic, and social policies.
One of the two historical examples illustrating the impact of the Supreme Court on American Society is McCulloch v. Maryland in 1819. A state law taxing the U.S. Bank was declared unconstitutional. The court opposed the constitutionality of the Bank. Decisions also expanded the powers of Congress to pass laws, established federal supremacy over the states. Supported doctrine of loose interpretation of the constitution and implied powers. These decisions made by Chief Justice Earl Warren supported the judicial activists. It gave the courts more power.
Another historical event that further supported judicial activism was Brown v. Topeka Board of Education in 1954. Segregation in public schools violates the 14th Amendment and is unconstitutional. Separating black children from others generates a feeling of inferiority and is, therefore, unequal. Result of the case was the court's orders that all public schools in the country had to integrate. .
In conclusion, the Supreme Court expanded and developed new grounds of interpreting the constitution, therefore shaping the public policy. I believe the Supreme Court has exercised too much influence on American life, but the court was not being unfair or violated any of our amendments and rights.
