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Constitution in the Courts, The viable How does the politics ofIn the modern period of American constitutional law the period since the U. S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954) there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making