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In Brown v. Board of Education, the Supreme Court used the equal protection clause in the Fourteenth Amendment to declare educational segregation unconstitutional. Which of these would be the BEST argument FOR judicial activism in this case?

A) Many states did not follow the Supreme Court's ruling.

B) Many states did not have prior laws about educational segregation.

C) The Fourteenth Amendment was not ratified by three-fourths of the states.

D) The Fourteenth Amendment does not explicitly ban educational segregation.

User Ou
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Answer:

d. the fourteenth amendment does not ban educational segregation

Explanantion:

Judicial activism is the idea that some judicial rulings are based on personal or political considerations, rather than established law. The best argument for judicial activism in the case of Brown v. Board of Education is that the Fourteenth Amendment does not explicitly ban educational segregation. Critics could argue that the justices in this case allowed their personal beliefs to influence their decision.

User FlixMa
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5 votes

Answer:

The Fourteenth Amendment does not explicitly ban educational segregation.

Step-by-step explanation:

User Mark A Kruger
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