Explain how judicial review operated in the Brown v. Board of Education of Topeka, Kansas (1954) decision.

“Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” In 1804, Jefferson instead argued that “the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch.” So, which is it? The “least dangerous” branch or “a despotic branch”? In your initial post, please do the following three things (note that you will need to put the most energy in to #3): 1. Define judicial review (be sure to mention which Supreme Court case brought it about). 2. Explain how judicial review operated in the Brown v. Board of Education of Topeka, Kansas (1954) decision (this was mentioned in textbook, I have attached the pictures of textbook but is also in the video assignment https://fod-infobase-com.fcep.ohlone.edu/p_ViewVideo.aspx?xtid=49761&loid=472247 3. Make an argument answering the following question: Is judicial review anti-democratic? Why or why not? – Use at least one Supreme Court case (other than the Supreme Court cases related to #1 and #2) to back up your claims. – For an overview of the most recent Supreme Court decisions, see https://www.nytimes.com/interactive/2019/06/21/us/supreme-court-key-cases-2019.html (Liptak and Kao 2019).