essay question 5

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

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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 require heightened judicial scrutiny, the court upheld a wartime policy of excluding
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/26/2012 for the course POL 353 taught by Professor Dameron during the Fall '11 term at Miami University.

Page1 / 2

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

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online