Blacks In Their Struggle For Equality example essay topic

1,108 words
Judicial Activism: A Necessary Action Judicial activism is rarely needed, but when it is employed, it is only in the most dire of circumstances. It is the broad interpretation of the constitution of the United States by the Supreme Court. Some argue that this should not be done, but if it had not been, slavery would still exist in America. It is obvious that in some cases, it is necessary to expand civil rights beyond what the constitution explicitly states. This was the case in Brown vs. Board of Education.

9 black students were allowed into a white school, previously segregated. This was the landmark case in the battle for black civil rights. The judicial activism displayed by the Supreme Court led to an end to segregation, social equality for blacks and allowed them to reach respected positions in the American society. A major effect of the Supreme Courts decision was the desegregation of schools everywhere. Integration became federal law, and schools could no longer bar applicants based on race alone. By enforcing this law, the Court allowed blacks to relieve the same education as whites and effectively removing their status as second-class citizens.

They were one step closer to being fully accepted by the white majority. The integration of children's schools was a controversial step, and many southerners opposed it with extreme prejudice. There were riots to oppose this move, but eventually the chaos was subdued and after order was restored, schools were fully integrated. Black children were now on equal footing with white children and could no longer be called less intelligent, as they would relieve the same education.

Also, this case led to the 15th amendment, giving blacks the right to vote. This was an important event, effectively making them complete citizens, legally equal to white men in every way. They could now vote for the president, a key part of the representative democracy present in the United States. They became able to directly affect the law, by voting. Social equality was a major gain for the blacks.

As a result of this case, and others after it, they became increasingly accepted in a previously white-dominated society. With any form of discrimination outlawed and punishable by law, there was no way they could be kept from their rightful position as equals in every respect. Lawsuits against discriminators became increasingly common, and the mindset of the common American was one of tolerance and compassion for their fellow man. To help underprivileged blacks, affirmative action was put into place, insuring that those coming from poor backgrounds would not be left behind, simply because of a lack of money. This helped educate people who otherwise would not be able to afford it, showing once again that everyone deserves equal education, regardless of class, status or race. Blacks were also becoming accepted in the mainstream, as political figures, and as entertainers.

The first black Supreme Court justice was Thurgood Marshall, sworn in in 1967. Hew as the first true sign that blacks could have power in the United States government. He was retired in 1991, serving 24 years on the bench. He died two years later, but will always be remembered as a great civil rights leader and hero to activists everywhere. It was he who won the Brown vs. Board of Education case, effectively destroying the legal basis for segregation in America and making way for all the advances stated above. He also won some of the cases that paved the way for the landmark Brown case.

One of these was Sweat t vs. Painter, a case where a black man was denied entrance into a graduate school simply because of his race. He also investigated armed forces stationed in South Korea and Japan, noting that the general practice was one of 'rigid segregation. ' Also, black entertainers became increasingly common. Comedians and actors were appearing more and more, and they were welcomed with open arms. In 1963, the first Oscar awarded to a black man was given to one Sidney Poitier, for his performance in the film 'Lillies of the Field. ' Bill Cosby was the first black actor to win an Emmy award.

He won it in 1966 for best actor on the show 'I Spy. ' These two men helped pave the road for black actors, showing that they too could win awards previously held only by white men. Also, sports were becoming integrated as well. In 1957, Charlie Sif ford became the first black man to win the PGA golf tournament. Life became easier for black entertainers and athletes, as they became more accepted in what were previously considered white-only careers. Also, with the emergence of the first black billionaire, Robert Johnson, the founder of Black Entertainment Television, no one could contend that blacks were somehow inherently poorer or less capable than whites.

Oprah Winfrey became the first female black billionaire, showing that Rober Johnson was not simply a fluke, and also making a statement about women as entertainers. It is plainly evident by the facts presented that the judicial activism was necessary and extremely beneficial to blacks as a collective. Without it, we would not have nearly the same level of equality and acceptance that we do. It was a landmark event that changed America for the better, and led us to be the more progressive, tolerant country that we are today. Integration allowed blacks to relieve the same education as whites, a key step in the struggle for equality.

No longer could blacks be looked down upon as unintelligent simply because they were not allowed into the superior white schools. Voting rights gave them the power to shape their nation and made them into true citizens, while the social equality brought by the case itself proved invaluable in the struggle for civil rights. Thurgood Marshall was a great civil rights leader and helped bring about the many changes that led to the much better state of affairs we have today. Without him, we would still be living in the 50's, a time of segregation and bitter racial dispute. The first black billionaires proved that they could transcend their ancestor's humble beginnings in the white-dominated America.

Simply put, judicial activism is necessary when used to expand civil rights. It greatly helped the blacks in their struggle for equality..