Examining the View that the Supreme Court is an Effective Protector of Civil Liberties

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Examining the View that the Supreme Court is an Effective Protector of Civil Liberties In 1789, the founders of the Constitution set out the power of the Supreme Court in Article III section 2, and, arguably, in the Supremacy clause in Article 6. These clauses gave the Supreme Court the power to protect the Constitution, and by doing so, the power to protect civil liberties. The strength of the Supreme Court is essential in protecting civil liberties that are protected by the Constitution. The Supreme Court has also increased its power through court cases and through judicial revolutions. One case that has significantly altered the power that the Supreme Court is able to exert was Marbury v…show more content…
Although he was a conservative judge, he was reluctant to relinquish power to Congress and therefore it is a good example of a conservative judge seeking to maintain the balance of power between the three branches of government that was established in the 60s and 70s. In the Constitution, civil liberties are protected under the Bill of Rights set out in the first ten amendments. The Constitution sets out what the government cannot do against a citizen, for example, the right of people to keep and bear Arms, shall not be infringed. The Supreme Courts ability to protect the Constitution is also the ability to protect civil liberties. The Court can hear cases where public, civil or criminal law has been breached. The ability to hear cases on Constitutional law came as a result of the Marbury v Madison case in which judicial review was established. The Supreme Court has the power to protect civil liberties directly in a ruling, e.g. the case of Miranda v Arizona 1966. Ernesto Miranda had confessed to kidnapping and raping an eighteen-year-old woman, but he had not been informed of his constitutional rights to remain silent and to have counsel during police questioning. The Court therefore overturned his conviction, and thus protected civil

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