13.1 Guardians of the Constitution and Individual Rights

The judicial branch plays a crucial role in protecting individual rights and shaping American governance. From its establishment in 1789 to landmark cases like Marbury v. Madison, federal courts have evolved to become powerful guardians of civil liberties and constitutional principles.

Courts interpret the Constitution, protect civil liberties, and ensure due process and equal protection. Through judicial review and landmark decisions, they influence public policy, balance government powers, and uphold the rule of law, shaping America's legal landscape and safeguarding individual rights.

The Judicial Branch and Individual Rights

Evolution of courts in American governance

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• Judiciary Act of 1789 established the federal court system, created the Supreme Court with six justices, and defined the jurisdiction of federal courts
• Marbury v. Madison (1803) established the principle of judicial review allowing the Supreme Court to declare laws unconstitutional
• Expansion of federal court jurisdiction increased the number of federal judges and courts over time and expanded the types of cases federal courts can hear
• Incorporation of the Bill of Rights through the 14th Amendment's Due Process Clause gradually applied Bill of Rights protections to state laws

Courts as guardians of individual rights

• Interpreting the Constitution ensures laws and government actions comply with constitutional rights and strikes down laws that violate individual rights (fundamental rights)
• Protecting civil liberties upholds First Amendment freedoms (speech, religion, press, assembly), Fourth Amendment protection against unreasonable searches and seizures, and Fifth Amendment right against self-incrimination and double jeopardy
• Ensuring due process and equal protection through the Fifth and 14th Amendments' due process clauses and 14th Amendment's Equal Protection Clause prevents discrimination based on race, gender, religion, etc.
• Providing checks and balances through judicial review acts as a check on legislative and executive branches ensuring separation of powers
• Upholding the rule of law by ensuring that all individuals and institutions are subject to and accountable to the same laws

Influence of courts on public policy

• Constitutional interpretation varies between originalism interpreting based on original intent of framers and living Constitution interpreting based on evolving societal norms
• Landmark Supreme Court cases shape public policy such as Brown v. Board of Education (1954) desegregating public schools, Roe v. Wade (1973) legalizing abortion, and Obergefell v. Hodges (2015) legalizing same-sex marriage
• Judicial activism proactively shapes public policy through rulings while judicial restraint defers to legislative and executive branches
• Impact of judicial appointments occurs as presidents nominate federal judges, including Supreme Court justices, and the Senate confirms or rejects nominations, shifting the ideological balance of courts and public policy

Principles of the Judicial System

• Constitutional democracy relies on an independent judiciary to interpret and apply the law
• Judicial independence ensures that judges can make decisions free from political pressure or influence
• Precedent, or stare decisis, guides judicial decision-making by relying on prior court decisions
• Civil rights are protected and enforced through court decisions and interpretations of constitutional law