Evaluate the role of the supreme court in protecting the rights and liberties of US citizens.
Evaluate the role of the supreme court in protecting the rights and liberties of US citizens.
The power of judicial review has allowed the Supreme Court to protect civil liberties within America. Its involvement in civil rights issues have ranged from racial issues, to the rights of those accused and the reapportionment of electoral districts. in 1954, the Supreme Court stated that racially segregated schools were a violation of the equal protection clause of the 14th Amendment. in 1966, the Supreme Court stated that a person must be informed of his/her right to remain silent when arrested and that they have 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 played a very important part in preserving the rights (and building them) of minority groups also. Politicians invariably sway their work towards the majority as it is the majority that will vote them back into power. This has been called the "tyranny of the majority" which has meant that the minorities have been left behind 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 interest in reform in general and Congress was dominated by right wing southern Democrats who did not champion the civil rights movement. Therefore, only the Supreme Court could do this and the south’s educational policy based on segregation was overturned at a stroke. Enforcing it was another issue.
The most recent and controversial involvement of the Supreme Court concerned the right to abortion. In 1973, the Supreme Court voted 7-2 to
The power of judicial review has allowed the Supreme Court to protect civil liberties within America. Its involvement in civil rights issues have ranged from racial issues, to the rights of those accused and the reapportionment of electoral districts. in 1954, the Supreme Court stated that racially segregated schools were a violation of the equal protection clause of the 14th Amendment. in 1966, the Supreme Court stated that a person must be informed of his/her right to remain silent when arrested and that they have 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 played a very important part in preserving the rights (and building them) of minority groups also. Politicians invariably sway their work towards the majority as it is the majority that will vote them back into power. This has been called the "tyranny of the majority" which has meant that the minorities have been left behind 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 interest in reform in general and Congress was dominated by right wing southern Democrats who did not champion the civil rights movement. Therefore, only the Supreme Court could do this and the south’s educational policy based on segregation was overturned at a stroke. Enforcing it was another issue.
The most recent and controversial involvement of the Supreme Court concerned the right to abortion. In 1973, the Supreme Court voted 7-2 to