20. How did the Supreme Court use judicial activism in Brown v. Board of Education?

21. How would the Brown v. Board of Education decision have been different if the Supreme Court used stare decisis?



Answer :

Final answer:

In Brown v. Board of Education, the Supreme Court applied Judicial Activism to overturn segregation, while using stare decisis would have upheld segregation based on the precedent of Plessy v. Ferguson.


Explanation:

Brown v. Board of Education was a landmark case where the Supreme Court utilized Judicial Activism. The decision overturned the precedent set by Plessy v. Ferguson and declared that segregated education was inherently unequal, thus ruling for integration in public schools.

If the Supreme Court had used stare decisis in the Brown v. Board of Education decision, it would have followed the precedent of Plessy v. Ferguson, upholding the doctrine of 'separate but equal' and maintaining segregation in schools.


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