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The US Supreme Court

The Court and the protection of rights

  • 3 things to know
  • A2 Unit 4

Overview

Recall questions on why an unpopular minority turns to the Court, the rulings that expanded rights and those that failed them, a right later withdrawn, and what Congress can do instead.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Why is the Court often the only realistic forum for an unpopular minority?

Numbers

Give two rulings that expanded rights.

Numbers

Give two rulings criticised for failing to protect rights.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How does the Supreme Court protect rights?

    Model answer

    By striking down federal and state action that violates constitutional guarantees, and by interpreting those guarantees to cover new circumstances.

  2. 2

    Why is the Court often the only realistic forum for an unpopular minority?

    Model answer

    Legislatures answer to majorities, so a group with few votes may have no legislative route to a remedy.

  3. 3

    Give two rulings that expanded rights.

    Model answer

    Brown v Board of Education (1954) on school segregation, and Gideon v Wainwright (1963) on the right to counsel.

  4. 4

    Give two rulings criticised for failing to protect rights.

    Model answer

    Plessy v Ferguson (1896), which upheld segregation, and Korematsu v United States (1944), which upheld wartime internment on grounds of ancestry.

  5. 5

    What does the record of such cases suggest about the Court as a rights guarantor?

    Model answer

    That it has sometimes led public opinion and sometimes followed it, so it is a real but unreliable protector.

  6. 6

    Why is the Court's inability to enforce its own rulings significant for rights?

    Model answer

    A judgment depends on executive officials to give it effect, so resistance can leave a right nominal for years.

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Wyn developed it.
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AAccess is bought rather than earned.
BWealthy interests are heard disproportionately.
CMuch of it happens where the public cannot see it.

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Statute law is enacted by the legislature.
TrueFalse

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