POS 203 Civil Liberties And Rights In The US

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Question:

This assignment is intended to assist you in analyzing civil liberties as well as the role of the U.S. Supreme Court when they are upheld.

The American Civil Liberties Union Supreme Court Cases site allows you to view the civil liberties cases the U.S. Supreme Court has ruled in, organized by term.

Select the case that interests you in civil liberties.

Please provide an analysis that addresses these issues:

The case deals with civil liberty and the text of amendments to the Bill of Rights.

The following are some examples of the involvement of Supreme Court judges:

The significance of the ruling (why it matters)

How the case progressed through the lower courts until it was finally heard by the Supreme Court

The constitution gave the Supreme Court the powers to decide the case.

Answer:

Introduction

American Society’s fundamental political value is to protect civil liberties.

A person’s freedom is defined as the right to personal liberty that cannot be curtailed by government. This includes any process which involves legal or judicial interpretation.

The current study is focused on the discussion of civil liberties.

The role of the U.S. Supreme Court in upholding the case law of District of Columbia v. Heller (554 U.S. 570 (2007) has been further assessed as this case law is widely considered landmark in defining the US Supreme Court’s role in civil rights.

Supreme Court Plays a Role In Upholding Civil Liberties

The Supreme Court’s decisions might increase the list of main freedoms that force central government to take appropriate actions to protect the state’s action (MacDonald 2015.

Supreme Court has made some decisions to improve security regarding civil rights and civil liberties by understanding certain sections of Constitution.

Court became more concerned with civil rights and civil freedoms after the Civil War and into the New Deal era.

Pik (2016) states that the main purpose was to raise awareness about civil liberties and allow people to enjoy them.

Supreme Court continues the same practices in Gamble, v. United States. It is a case involving ‘dual sovereign’. In this instance, both the federal and state government can pursue an individual for the same crime.

In addition, if they can’t agree on the same individually, they will violate the Fifth Amendment to the Constitution.

In the end, the court ruled that Double Jeopardy should apply to protect everyone regardless of who is jeopardizing.

Case Law: District Of Columbia V. Heller

Court Decision and Role

The landmark case of District of Columbia v. Heller (554 U.S. 570 (2007) is considered to be the District of Columbia v. Heller. Under this case, the U.S. Supreme Court ruled that the Second Amendment protects a person’s right to keep a weapon. This weapon can’t be connected with military service, but it can be used for official purposes, such as self-defence in your home.

However, the provisions regarding shotguns and own rifles must be followed (McCloskey, Levinson, 2016,).

In Heller, the Supreme Court performs an “in-depth exam” of the second amendment.

After lengthy historical conversations, the court came to the conclusion that the second amendment protected the individual’s right to possess and carry firearms in cases of dispute.

Court also concludes that the fundamental right to this right is the intrinsic rights of self-protection. Home is the location where self defense is necessary, and family and property are delicate.

Accordingly, the court was only involved in explaining how arms can be kept (Wilson, DiIulio Borse and Levendusky 2018, 2018).

Important Role Of Ruling

Domino (2017) asserts that the important part of this ruling is to identify the correct specification of the second Amendment relating to an individual’s right to bear arms.

The court further concluded that the essential right to carry arms is the intrinsic right to self protection. Home is where self defense is needed, while family and property are delicate (Jones, Randazzo 2017).

This ruling clarified all doubts regarding the provisions for keeping arms by an individual and the regulations that are required to be adhered to on a mandatory basis.

The case that was transferred from lower court to supreme court

The Supreme Court was eventually notified and the decision was transferred from the lower court to the Supreme Court.

There was also a good chance that Parker will be upheld if it is examined by the Supreme Court.

Professor disagrees with the claim that District’s prohibition on a particular class of firearms does not violate the Second Amendment. This is true even when considering individual rights.

So the two perspectives on the case led to it being brought to the Supreme Court to be decided in the right way.

Conclusion

The study above shows that the Supreme Court has a significant role to play in protecting civil liberties accessible to all citizens.

If people believe their civil liberties have not been protected, they can file a case with the Supreme Court and receive assistance.

Supreme Court has shown that they are willing to provide civil liberty to the public in many important cases.

They are also available to all citizens if requested by an individual through filing a case.

References

The Supreme Court.

Civil Rights & Liberties of the 21st Century.

250 District of Columbia, v. Heller (2008).

Encyclopedia of American Civil Rights and Liberties. Revised and Expanded Edition. [4 volumes], 249.

The University of Maine’s Ban on Firearms Following District of Columbia (v. Heller): A Legal Analysis

The Cohen Journal, 1.

American constitutional law: selected cases and introductory essays.

The American supreme courts.

University of Chicago Press.

People’s right not to have and bear arms: Arguments regarding the Second Amendment of the US Constitution in District of Columbia. Heller.

Journal of Language and Politics. 15(2): 173-192.

American government: Institutions & policies.

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