The Supreme Court As A Protector Of The Rights Of Oppressed Minority Populations

1718 Words Dec 20th, 2016 7 Pages
Prompt 2: The Supreme Court is not an effective, counter-majoritarian protector of the rights of oppressed minority populations in society when fundamental rights are at stake. However, rather than serving as an end-all-be-all and strict law of the land, the court’s decisions have often taken a considerable amount of time to enforce and come into place. Rather than being a protector of the rights, it is wiser to look at the court as an impetus for change. This is not to undermine the extraordinary power that the court has, but instead look at their power from a different angle. In a history of civil and human rights issues and movements, the court has not served as a protector or an enforcer, because of the time it tends to take after their decision for real change to occur. This delay has been seen many times throughout the history of the United States, such as in the aftermath of Brown v Board of Education, the creation of the 14th amendment, and the aftermath of Lochner v New York. Unfortunately, there is only so much that the Supreme Court can actually do. They have the power to interpret laws and their meanings in certain contexts, but after they make a decision, it is not up to them whether or not it is enforced. The enforcers come in the the way of lower level judiciary branches, police forces, and other people who are able to carry out what the Supreme Court has decided would be the law of the land. This is the structure upon which the entire judicial system in…

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