Supreme Court Advantages

The Constitution guards against the abuse of power. Having a bill of rights prevents the government from not giving the people

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

2 The courts deal with cases of civil rights and civil liberties all the time. A prime example of a civil rights case is “Trump. v. International Refugee Assistance Project” found from the supreme court 's website. In this case President Trump had sent an order the affected the immigration of foreigners. This is civil rights because America has equality for all people so no one should be discriminated against for their ethnicity. A court case that represents a civil liberties issue is “Florida v. Jardines” found from the Supreme Court 's website. In this court case the civil liberty that was in question was the right to avoid unreasonable search or seizure. This is because the police entered a home without true probable cause, therefore, violating Jardines’ rights.

Throughout history, many cases have gone beyond local courts and have reached Supreme Court. One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison was a case that was fought because James Madison refused to deliver Marbury’s commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The Supreme Court had reinforced the “Marbury” decision in many cases, for example McCulloch v. Maryland, Cohens v. Virginia, and United States v. Le Baron.

There is a difference between civil liberties and civil rights in relation to the government. Civil liberties refer to an individual’s unalienable freedoms that cannot be taken away by political intervention. On the other hand, civil rights are provided by the government in order to promote equality. This ideology was introduced to the founders of the nation by John Locke, who believed in natural rights. Locke stated that these natural rights are to be protected and secured by the government. The question that should be raised now is whether the government truly does protect our civil rights and have the citizens’ best interest in mind.

Civil liberties are our natural rights, such as freedom, equality and pursuit of happiness, which the government cannot modify by making new laws or by judicial interpretation. Civil liberties are important because it helps restrain the power of the government to dictate how we behave. This ensures that our daily life is not interrupted by authoritative figures that may just try to intentionally cause harm. Civil liberties contribute to the protection of our personal choices, such as the right to abortions. The bill of rights is important to civil liberties because it does not allow the government to govern our personal lives. Unfortunately, with this war against terrorism, we have given those authoritative figures the ability to mandate

Definition: the power vested in an appellate court to review/revise the decision of a lower court

In the Constitution, the Supreme Court is the overriding law of the land. The Supreme Court can overrule the decisions made by the likes of a state or appeals court. The Constitution is clear in its attempts to unify the nation and strengthen the federal government, all while maintaining the freedoms of the states and the feeling of equality. Though the Constitution is written in a vague way, leaving it to be open for interpretation and allowing it to conform with the changes that time brings to society. But because of the uncertainty of the document, it has often been misinterpreted, or has caused a wide array of viewpoints of a certain issues. The most memorable example being that of the Civil War, but today it is even more prevalent when we try to relate modern day issues to the ambiguous instructions left to us by our forefathers.

Without these liberties I would not have the right to freedom of speech, privacy, fair court, marriage, voting, press, and more. The right of speech and privacy are ones I take advantage for everyday, it is hard to imagine the starkly different world I would live in if those freedoms were stripped away from each American. Our rights are what enable our freedoms to shape this country into who it is. Meanwhile, Civil Rights cases have a greater influence on states as a whole. Their decisions dictate the actions of business, organizations, the government and people, It is through the Judicial sector of our government that actions are taken to ensure America continue to follow the laws and ideals set out by our founders.

While I accept that theoretically a judge should not consider extralegal factors when making a ruling, I cannot accept your premise that all judges rule as neutral arbiters who rely solely on precedent, Constitutional text, and original intent of the Framers. As with any other individual in public service, judges are still human beings, and thus bring with them their own prejudices, personal biases, and preconceived notions when taking the bench.

According to Patterson, “The Constitution’s failure to enumerate individual freedoms led to demands for the Bill of Rights. These first 10 amendments to the Constitution list a set of rights that the federal government is obliged to protect” (Patterson, 94). In the Bill of Rights, civil liberties specify the individual’s rights like freedom of speech, the right to a fair court trial, and other rights, which is protected by the government. 3 Patterson says, “Civil rights are a question of whether individual members of differing groups, such as racial, gender, and ethnic groups, are treated

The majority of court determinations that define American liberties come from the Bill of Rights, being first ten amendments added in the Constitution in 1791. Civil liberties protected in the Bill of Rights can be divided into two broad areas, which are freedoms and rights guaranteed in the First Amendment, and liberties and rights relating to crime and due process.

Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more

Furthermore, the majority of Americans feel the system laid out by the constitution does sufficiently protect their rights sufficiently. Although the constitution does have its flaws (for example it does not even explicitly mention the rights of the people to vote) it does perpetuate a system that protects the rights of the citizens based on prevailing public opinion – which is more democratic than an outlining of eternal liberties. The fact that the constitution outlines the separation of powers (to the executive, legislature and judiciary) ensures no one body can amass too much power and exploit the rights of the people. Dare I say it but even the Second Amendment – the Right to Bear Arms, allows the people to protect themselves from a tyrannical government and thus protect their rights from central government and other potential oppressors. The use of an impartial judiciary with

Many of America’s democratic principles are drawn from the constitution like the checks and balances system. The supreme court’s power of judicial review was not mentioned in the constitution. It evolved following the Marbury Vs Madison case and was not granted by the constitution. The Supreme Court therefore does not have the authority to carry out judicial review and become a quasi-legislative branch because the constitution granted this power to Congress.