Which instances should the general population have the power

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Reference no: EM133374061

Assignment:

Many argue that the power of judicial review is necessary because the general population is not always going to advocate for the civil rights of minorities, and that we need the Supreme Court to intervene in such circumstances. Such individuals would point to the Brown v. Board of Education case, since most people would agree that if it were up to voters to desegregate the schools in 1954, they would have voted to keep the schools segregated. Is this a valid argument? If so, in which instances should the general population have the power to decide issues of individual rights via a referendum? When should the courts have the power? When should Congress have the power?

Reference no: EM133374061

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