Question

The scope of individual rights and freedoms has often been considered by the courts. The Supreme Court has sometimes taken a broad view of our constitutional rights enumerated in clauses of the Constitution and Declaration of Independence.  

How has this expansive view helped to curb state rights that might interfere with constitutional rights? Do you think that this makes the courts too powerful? Why or why not? What is an example of where the courts took an expansive view of our constitutional protections to overturn a state law or protect a person’s individual rights? Do you agree with the court's decision? Why or why not?

Answer 1

Judiciary was considered to be one of the least powerful branches by the founding fathers but it gained momentum as time passed by. Although the constitution provided more freedom to the individuals and limited the influence of the state, when it came to the safety and security of the majority of the people. The court also influenced, intervened and supported the citizens when the state tried to show its power over individuals and minorities. Two of the major cases that established the power of individual freedom and people’s rights over the State influence were separate but equal and no discrimination in public services. I think court is the guardian of the constitution thus limits the State from taking a strong hand that would violate the individual rights. So, in my opinion, courts should have enough opportunities and power to stand by the common men.

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