EM - Steven Vidor 6 May 2008 PSCI 2024 Professor Mewes...

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Steven Vidor 6 May 2008 PSCI 2024 Professor Mewes Final: Question 1.1 Courts have a greatly significant role in defining modern contemporary fundamental rights. One particular source of power the Supreme Court has in defining contemporary fundamental rights and freedoms is the freedom it has from the responsibility to a majority public opinion, a changing public opinion and minority rights. While the court is indeed a function of the people, it is upheld and founded on the principal that it is to protect American liberties against the temporary passions and interests of the majority. At the same time, while not ruling in favor of minority rights, they offer minorities the same rights afforded to all when making decisions. Justice Kennedy, in his ruling on Lawrence v. Texas, explained that it was the courts responsibility only to ensure that law imposed on minority "be imposed generally." When ruling the court looks not to public polls for reasons for its decisions, but whether or not a right can be found as fundamental under the provisions of the United
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EM - Steven Vidor 6 May 2008 PSCI 2024 Professor Mewes...

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