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Civil Liberties And Rights In The US

This assignment is designed to help you analyze civil liberties and the role of the U.S. Supreme Court in upholding them.

Visit the American Civil Liberties Union Supreme Court Cases website to see civil liberties cases that the U.S. Supreme Court has ruled on, organized by term.

Select one of the cases on civil liberties that interests you. Provide an analysis that addresses the following:

The civil liberty that is addressed in the case, including the text of the amendment from the Bill of Rights

An explanation of the Supreme Court's involvement, including the following:

The importance of the ruling (why it is significant)
How the case moved through the lower courts to eventually be heard by the Supreme Court
The powers granted to the Supreme Court by the constitution that allowed them to rule on the case

Sample Answer

Civil Liberty: US Supreme Court
Introduction
The fundamental political value which is followed by the American Society is shielding civil liberties and civil rights (Mason and Stephenson, 2017). Civil liberties can be referred as personal freedom which cannot be abridged by government by any procedure which comprises legal or judicial interpretation. Present study emphasizes on discussion relating to civil liberties. Further in order to assess the role of U.S. Supreme Court in upholding them case law of District of Columbia v. Heller, 554 U.S. 570 (2008) has been assessed in detail as the same is believed as landmark case law relating to specifying the role of US Supreme Court regarding significance of civil rights.

Role Of Supreme Court In Upholding Civil Liberties
It is believed that the decisions of Supreme Court might extend the list of main liberties which enforce central government to take appropriate action in order to assure the action of state (MacDonald, 2015). In some cases, Supreme Court has made decision in order to enhance the available security relating to civil rights and civil liberties through understanding of sections in Constitution which were not formerly intended for that reason. After the Civil War and till the New Deal era, court became anxious about economic right in comparison to civil rights and civil liberties. Pik, (2016) specifies that the main objective behind same was to make public aware regarding civil liberties so that they can enjoy the same and can live their lives with an ease. The same practices are continued by Supreme Court even today as in case of Gamble v. United States which is relating to ‘dual sovereignty’ where state as well as federal government can prosecute an individual for same crime. Further in case they are not able to conclude same individually, they violate Fifth Amendment to constitution. It was concluded in the case that clause of Double Jeopardy should be applied in order to protect every individual irrespective of the fact that who is doing jeopardizing.

Case Law: District Of Columbia V. Heller
Decision And Role Of Court
The District of Columbia v. Heller, 554 U.S. 570 (2008), is considered as a landmark case under which U.S. Supreme Court held that Second Amendment secures a person’s right to keep a weapon, unconnected with service in Militia, for contemporary official purposes like self-defence in the home. Though, it is necessary for the same to follow the provision such as keeping shot guns and owned rifles in unloaded and disassembled or bound trigger lock violated this guarantee (McCloskey and Levinson, 2016).  The Supreme Court carry outs it’s first ever “in-depth examination” of second amendment in the case of Heller. Subsequent to having a lengthy historical conversation, court finally concluded that the second amendment protects the person’s right to own and carry firearms in case of argument. Further, the court concludes that the central to this right is intrinsic right of self-protection, home is the place where the self defence is required, family and property is largely delicate. Thus, the court involvement was specifically for providing explanation relating to manner in which arms can be kept by an individual (Wilson, DiIulio Bose and Levendusky, 2018).

Importance Of Ruling
In accordance with assertions of Domino, (2017), the importance of ruling relates to specifying the appropriate specification of second amendment relating to right of carrying arms by an individual. Further, the court concludes that the central to this right is intrinsic right of self-protection, home is the place where the self defence is required, family and property is largely delicate (Jones and Randazzo, 2017). Thus, the ruling cleared the doubts relating to provisions of keeping arms by an individuals and the regulations which are required to be complied by same on a mandatory basis regarding same.

The Manner In Which Case Moved From Lower Court To Supreme Court
The decision moved from lower court to eventually Supreme Court as it was asserted by the judges of lower court that Second Amendment secures an entity right (Baum, 2018). Further, it was predicted that if Parker is reviewed by Supreme Court, there is a really rather decent opportunity that it will be affirmed. Professor has also disputes that District’s forbid on one class of firearms will not breach the Second Amendment even in an individual rights outlook. Thus the different perspectives of judgement lead the case to Supreme Court in order to conclude in appropriate manner.

Conclusion
The above study depicts that Supreme Court play a significant role in protecting civil liberties available to general public. Moreover, in case people believes that civil liberties available to them have been violated that they are empowered to take the case to court and can take assistance from Supreme Court. Lastly, in numerous significant case Supreme Court has proved that they are available to provide civil liberties to general public as they are having right to apply same whenever they want. Further, it has made all sincere efforts to make them available to general public whenever an individual has requested same through filing case in this perspective.

References
Baum, L. (2018). The Supreme Court. Cq Press.

Domino, J. C. (2017). Civil Rights & Liberties in the 21st Century. Routledge.

Jones, A. L., & Randazzo, K. A. (2017). 250 District of Columbia v. Heller (2008). Encyclopedia of American Civil Rights and Liberties: Revised and Expanded Edition, [4 volumes], 249.

MacDonald, A. (2015). A Legal Analysis of the University of Maine’s Ban on Firearms Following District of Columbia v. Heller. The Cohen Journal, 1(1), 2.

Mason, A. T., & Stephenson Jr, D. G. (2017). American constitutional law: introductory essays and selected cases. Routledge.

McCloskey, R. G., & Levinson, S. (2016). The American supreme court. University of Chicago Press.

Pik, P. (2016). People’s right to keep and bear arms: Arguments on the meaning of the Second Amendment to the US Constitution in District of Columbia v. Heller. Journal of Language and Politics, 15(2), 173-192.

Wilson, J. Q., DiIulio Jr, J. J., Bose, M., & Levendusky, M. S. (2018). American government: Institutions and policies. Cengage Learning.

 

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