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 enforce...
...The Bill of Rights and the SupremeCourt
On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.
The first Congress divided the nation into districts and created federal courts for each district. Our present structure evolved from that: the SupremeCourt, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, and to determine number of judges in federal judiciary system. Second, the civil-commitment statute before us constitutes a modest addition to a set of federal prison-related mental-health statutes that have existed for many decades. We recognize that even a longstanding history of related federal action does not demonstrate a statute's constitutionality. A history of involvement, however, can nonetheless be helpful in reviewing the substance...
...The Role and Importance of the SupremeCourt
Axia College of University of Phoenix
Instructor: Anthony Nici
August 23rd, 2010
The Role and Importance of the SupremeCourt
Introduction and Purpose
The United States SupremeCourt is considered the High Court of judicial powers in acting in a "judicial review manner in overturning laws and executive acts unconstitutional" (Mendelson, 1992, p. 775). With words of, "Equal Justice Under Law" written prominently above the main doors of the SupremeCourt, the SupremeCourt Building located in Washington, D.C. is an architectural design symbolic of its Constitutional enforcement of legal equality for all.
From its marble figures that flank the main steps to its bronze flagpole with symbolic designs and the four elements of earth, wind, fire and water and the bronze doors that open into its majestic entry, the SupremeCourt remains the core landmark symbolizing the ultimate American justice system. The marble figures consisting of a female figure symbolizing the "Contemplation of Justice," and a male figure representing "The Guardian or Authority of Law," (http://supremecourtus.gov/about/courtbuilding.pdf) pp. 1, show equality, but inside the building lays an interesting equality in structure...
...Minors Rights Essay
Throughout the United States’ history, the SupremeCourt has decided many cases. Their job is to decide whether or not laws, or punishments given by lower courts, abide by the rules written in the United States Constitution. Their decisions are based upon precedents set by other court cases, or their opinions of what the Constitution means, if there is no precedent. On the topic of therights of minors, the SupremeCourt has justly protected these rights as shown in the cases of In Re Gault, Tinker v. Des Moines, and New Jersey v. T.L.O.
In Re Gault was the Supreme Court’s “first foray” (Dorsen) into the rights of minors as decided by the Constitution. Fifteen year old Gerald Gault was taken into custody for making lewd comments to a neighbor, over the phone. His parents were not notified and he was not given access to an attorney. He was not notified of his right not to self-incriminate and was eventually convicted as an adult and sentenced to jail until age 21. If he had been tried as an adult, it would have been a misdemeanor. Before this case it was considered that minors had no rights until they turned 18 and were legally considered an Adult. "Under our Constitution the condition of being a boy does not justify a kangaroo court. …Due process is the...
...The SupremeCourt of the United States is the highest court in the United States. It has ultimate (but largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, and original jurisdiction over a small range of cases. The Court, which meets in the United States SupremeCourt Building in Washington, D.C., consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the United States Senate. Once appointed, justices have life tenure unless they resign, retire, or are removed after impeachment.
Under Chief Justices Jay, Rutledge, and Ellsworth (1789–1801), the Court heard few cases; its first decision was West v. Barnes (1791), a case involving a procedural issue. The Court lacked a home of its own and had little prestige, a situation not helped by the highest-profile case of the era, Chisholm v. Georgia, which was immediately repudiated by the Eleventh Amendment.
The Court's power and prestige waxed during the Marshall Court (1801–1835). Under Marshall, the Court established the principle of judicial review, including specifying itself as the supreme expositor of the Constitution (Marbury v. Madison) and made several important constitutional rulings giving shape and substance to...
...of the USSupremeCourt
The United States SupremeCourt has interpreted the constitutional guarantees
contained in amendments to the constitution. Among these Guaranteed rights are
the freedoms of religion, speech, and press, along with the right of protection
against illegal search and seizure, equal protection under the law, and the
right to counsel. Theserights all contained in the first amendment to the
constitution are arguably the most important rights guaranteed to citizens of
the United States. However these rights are not absolute. Throughout the
course of time many controversies have occurred concerning the limitation of
rights. Many of these controversies have called upon the SupremeCourt to
evaluate the constitutionality of laws or individual actions. Many cases in the
history of the supremecourt have led to a significant change in the
interpretation of rights in the united states.
One important case involving the freedom of religion was Reynolds v. United
States in 1879. Reynolds, a Mormon living in Utah had two wives. Polygamy was
allowed in the teachings of the church, but prohibited by a federal lab banning
the practice in the United States. Reynolds when convicted argued that the...
...Nature’s Judicial Process in the SupremeCourt consists of decision-making; based on the jurisdiction of the SupremeCourt. Although the SupremeCourt has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the SupremeCourt its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the SupremeCourt; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States. Throughout the SupremeCourt, many cases have been rejected and are deposed of, but the SupremeCourt approves only certain cases. Thus, the SupremeCourt reconciles the issue of that specific case, which is then obtained and written by the Chief Justice of the Court as the final conclusion. Cases that are controversial result in great effect in the SupremeCourt. For instance, Brown vs. Board of Education of Topeka in 1954 was one of the most controversial cases that the SupremeCourt had to resolve; it violated the Equal Protection clause of the fourteenth Amendment. The case that violated an individual right was the...
...AP Government and Politics
September 9, 2014
U.S. Constitution, Civil Liberties, & Civil Rights
The first amendment of the Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (Bill Of Rights Institute). The first amendment gives citizens the protection of free speech, press, and protest, but the protection of religion is the most important of the Bill of Rights. This protection sets the United States apart from other countries; America was founded on the idea of freedom. Today, many social issues threaten the protection of the First Amendment.
Under the First Amendment, citizens have the ability to practice whatever religion they please. No citizen can be forced to do something that violates his or her religious views, so the First Amendment protects all those who strongly believe in any religion. No religion is considered more important than another, and no one can be discriminated against based on that religion, meaning that even private businesses can make decisions based on their religious views without punishment. The religious freedom and...
...Madison refused to give them their jobs and 4 of them (one of them Marbury) sued them. John Marshall is chief justice. It’s a weird situation because either way will go bad for him – if he rules for Marbury and pres had to give guy his job then there was a risk that president wouldn’t listen which means that would ruin supremecourt legitimacy. If he ruled for madison then that would increase legitimacy of SCOTUS.
Marshall sees that Marbury took to SCOTUS first and he questioned whether they had jurisdiction on the issue or not. When Congress modified powers of supremecourt, the Congress did not have jurisdiction to modify powers of the branches. Only way to modify powers is to amend the Constitution. “Sorry Mr. Marbury, we can’t do anything for you as we don’t have jurisdiction.” Case was dismissed and created precedent for judicial review.
McCulloch v. Maryland
Maryland tried to stop operation of Second Bank of US by taxing all notes not chartered in Maryland. They wanted to destroy the bank. As the Second Bank of the US was the only non-Maryland based bank in Maryland, this was obviously targeting the US bank.
The Court allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under...