Limited role of litigation
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document in English
political science
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published 20/07/2008
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Summary
The role and power of the Supreme Court in the American system of government has long been debated, with scholars arguing both for and against the extent to which the Judiciary can produce social change. Klarman, Rosenberg, and Fisher all take a similar view that the Court does not have enough power to produce social change single-handedly, the only way the Court could produce social change is with the assistance of the other two governmental branches, the Legislative and Executive to enforce the court’s decisions. With the limited power the Supreme Court has, the question of whether litigation can be an effective political strategy is also discussed by the aforementioned authors as well as the work of Peltason in 58 Lonely Men. Litigation had both costs and benefits in the period of civil rights, but regardless of the positive decisions that were made by the Courts, litigation could only generate significant social change with the help of the President and Congress.
Table of Contents
- The role of courts according to Michael Klarman.
- The views of Rosenberg on courts.
- The civil rights movements benefit from the court.
- The decision in Brown v. The Board of Education.
- Litigation as a political strategy and its impact on the civil rights movement.
- The case of Strauder v. West Virginia.
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