Originally posted by Doreking: It wasn't based on a law passed by Congress. It was based on its interpretation of the constitution as applied to action by the state.
The holding in plessy, as practiced, contradicted the letter of the constitution.
Google it if you don't believe it's judicial activism.
Posted on 4/30 2:21 PM | IP: Logged
What is your point? I believe that laws should be interpreted as written, to the best of a judge's ability. If unclear, the intent should be examined. If a judge is weighing policy pros and cons, he's probably not doing his job.