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essay question 5 - Post-1937 period SCs primary role has...

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Post-1937 period, SC’s primary role has been to protect individual’s liberties from intrusion by the national government and by the states. Assess the court’s performance of this role. Has the Court been consistent defender of individual rights? Support with citations to appropriate cases. Prior to 1937, the Supreme Court interpreted the Bill of Rights and the 14 th Amendment as limitations of the economic power of the government and states. Departing from this view, the judiciary assumed prejudice against discrete and insular minorities would be a special condition in dealing with economic regulations, but mainly left decisions to state and local governments. Although the Court determined that heightened judicial scrutiny would be given in discrete and insular minorities, it initially gave in to public pressure and has not always been a consistent defender of individual rights. In Korematsu v. United States (1944), although the court determined that race-based discrimination would
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