Sunday, September 14, 2008

Courts or legislatures?

Which branch or level of government had the greatest impact historically on desegregation? The Court's role in Brown is sometimes criticized for failing to address its limited enforcement power and generating an incredible backlash that actually worsened race relations. Is this criticism fair? Would pursuit of federal legilation have been a better strategy?

The Supreme Court, or the judicial branch, historically had the most impact on desegregation because they were the branch with the power to interpret laws and decide what actually constituted "segregation". Although these decisions cannot be enforced without the law-making legislative branch, the initial racial revolutions took place within the courts and their ability to change interpretations.

As for the Court's role in Brown, the racial issues of division and the incredible resistance which desegregation encountered cannot be placed upon the court itself. While the result of Brown only dealt with the educational sphere, it was the first step in a chain events in the revolution of civil rights. Ultimately, it was not the responsibility of the courts to deal with limited enforcement. The fact that many state governments could use delay tactics and deliberate disobeyance falls unto Congress to change; but these two branches work hand-in-hand, neither one being a "better choice" necessarily. The legislatures need Constitutional authority (from the courts) to pass a law, while the courts need legislative assistance and political support to implement orders. The relationship between the two, therefore, is one of checks and balances, as was intended, and the fault cannot fall upon one and not the other.

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