Protection of Civil Rights

Question 1

what is the main reason why CR in the US are better protected than in the UK

Answer 1

They are entrenched in a codified constitution

Question 2

Which citizens’ rights are protected by the
Constitution written by the founding fathers?

Answer 2

Right to trial by jury in criminal law cases
Bans use of ‘bill of attainder’ = decision by the legislature declaring someone guilty of a
crime, without a trial

Question 3

Which section of the US constitution lists the main US civil rights?

Answer 3

The Bill of Rights contains 10 Amendments

Question 4

Which key individual rights have been granted by the Supreme Court?

Answer 4

Freedom from school segregation (Brown v. Board of Education 1953)
Right to abortion (Roe v. Wade 1973)
Right to marriage regardless of sexuality (Obergefell v. Hodges 2015)
Right to interracial marriage - Loving v Virginia 1967
Lawrence V Texas 2003 - made same sex activites legal

Question 5

What is the historical reason why the US has always had a strong ‘rights culture’, with much value put on individuals’ rights?

Answer 5

British Colonialism

Question 6

does the SC protect rights - yes

Answer 6

1. Supreme Court can overrule legislature and executive to protect rights
2. Judicial activism (and living constitutionalism) means judges have been willing to create new rights
   In addition, another reason, besides the protection provided by the Supreme Court, why rights are well protected in the US: The constitution is entrenched, making it hard to remove rights

Question 7

does the SC protect rights - no

Answer 7

1. Supreme Court decisions do not always protect individuals’ rights – they sometimes restrict them.
2. Congress can restrict rights by changing the constitution, and the Supreme Court wouldn’t be able to stop it
3. The President and Senate have influence over the composition of the Supreme Court, which could lead to restrict rights by appointing judges willing to do so.
4. Often rights contradict each other, and by protecting one, the Supreme Court restricts another right. One way that often happens is through a contradiction between individual rights and states’ rights (collective rights)
5. Judicial Restraint