Sunday, March 10, 2019
Evaluate the role of the supreme court Essay
Evaluate the role of the autonomous court in nurture the rights and liberties of US citizens. The power of judicial review has aloneowed the compulsive Court to protect civil liberties within America. Its involvement in civil rights issues confound ranged from racial issues, to the rights of those accused and the re tryst of electoral districts. in 1954, the Supreme Court declared that racially segregated schools were a violation of the equal protection clause of the 14th Amendment. in 1966, the Supreme Court utter that a mortal must be informed of his/her right to remain silent when arrested and that they rush access to a lawyer if required. in 1966, the Supreme Court stated that one person should have one vote when dealing with the apportionment of electoral districts. These are clear examples where it can easily be argued that the supreme courts role in protecting the rights and liberties of US citizens was major. The Supreme Court has contend a very important part in pr eserving the rights (and building them) of minority groups also. Politicians invariably sway their work towards the majority as it is the majority that result vote them back into power.Read more Mini qs in American history essayThis has been called the tyranny of the majority which has meant that the minorities have been left do-nothing in the rush for votes. Chief Justice Marshall argued that there was no other institution in existence that could defend the rights of the minorities other than the Supreme Court. The 1954 decision of the Supreme Court is indicative of its power. Eisenhower had no great post in reform in general and Congress was dominated by right wing southern Democrats who did not champion the civil rights movement. Therefore, hardly the Supreme Court could do this and the souths educational constitution based on segregation was overturned at a stroke. Enforcing it was another(prenominal) issue. The most recent and controversial involvement of the Supreme Cour t interested the right to abortion. In 1973, the Supreme Court voted 7-2 to enforce the right of all women to have an abortion even though some states had banned it. They argued that this was allowed low the 14th Amendment. Though this issue was clearly the right of a fair sex (Jane Doe) to have an abortion in Texas (where abortions were banned), others saw it as an look for by the Supreme Court to further extend its powers over a states right to govern itself within the realms of the Constitution. In 1989, with a more conservative Supreme Court, the above finding was nearly overturned.However, it was not, moreover the states took this move to the right by the Supreme Court, as anopportunity to square off abortions far more closely. The states also gambled on the fact that the Court would not intervene on issues involving the availability of abortions in states. In 1992, the 1973 decision was erstwhile again upheld but the Court ruled that a state would be acting unconstitutio nally if it placed undue burden on a womans right to an abortion. The rights and Civil liberties of US citizens are not absolute but must be balanced against other considerations (such as national security or public safety) and against one another when rights gravel into conflict. The judicial branch of government, particularly the Supreme Court, has taken on a good deal of the responsibility for protecting and interpreting individual rights. The Courts positions have changed with time and conditions, but the Court has generally been more protective of and dainty to civil liberties than have elected officials or popular majorities.
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