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The Supreme Court & Constitution (Due Proccess (Reinforced the fact…
The Supreme Court & Constitution
Due Proccess
Reinforced the fact that no person can be denied due process because of race
Made certain rights applicable to all states
Substantive Due process:
Laws themselves must be fair and working for the good of the citizen seeking due process
Procedural Due Process:
How laws are applied.
Rights
discrimination
Prejudice is an attitude; discrimination is a behavior.
Contextual Discrimination: there is discrimination in many parts of the CJS, but not all parts at all times.
A legally protected claim
Not all rights are explicitly stated in the constitution.
Unenumerated rights are rights that are upheld in court, but not necessarily stated.
Not all amendments and/or rights provided in the constitution amendments and bill of rights are applicable to all States.
This is a very complex question, but it has much to do with excessive power and States right to set own laws
Prisoner rights
right to legal counsel
right to court resources
Authority
Judicial Review
Who gets the final say in what the constitution really means?
Has been a concern for many years
Should the justices of the Supreme Court have such at times seemingly "excessive" power to guide policy and interpret the constitution in a way the the people might not agree with?
Justices are appointed by POTUS, confirmed by senate
No subject to citizen critique and approval
Have much influence on overall policy making and overall inclination towards conservative or liberal philosophy