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Answer the essay question below in detail. References to readings, including author, title and page numbers, are required (parenthetical references are acceptable). Use of the relevant web links...

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Answer the essay question below in detail. References to readings, including author, title and page numbers, are required (parenthetical references are acceptable). Use of the relevant web links listed on the syllabus to cases is similarly expected.

Make sure that your essay contains a clear and comprehensive thesis, a solid body of analysis, argument and evidence, as well as a conclusion that sums up your overall findings.


Essay Question:

Over the course of the 20th and 21st century, the role of the Supreme Court became intertwined with American wartime policies in ways few could have imagined when the Constitutional Convention created the judiciary branch in the 18th century. From the American entry into the Great War in April of 1917 to the contemporary War on Terrorism, the legal system in a uniquely American way became a critical institution for the interpretation ofthe rights of citizens and the rights of the government in times of national emergencies.

In your paper, explain this shift in the Court’s role through the lens of three different cases that we have addressed from the period between 1917 and 2008. Your paper should lay out an overall argument that explains the role of the Court in these cases and you should comprehensively integrate how the Court handled and ruled in these cases. As you do, you must consider the constitutional issues at stake, the debates and arguments made before the Court's, therulings, the nationalcontext, and the historical and legal precedent of these cases. Your essay must include assigned sources as well as sources from the specific cases including arguments and majority and minority opinions.

Note: If your research paper dealt with a case of this nature, you may notuse that case as one of the three examples. (I used the Dred Scott Case for my research paper so please use other cases as examples)

Answered Same DayDec 14, 2019

Solution

David answered on Dec 24 2019
103 Votes
11
The Shift in Policies of US Supreme Court Between 1908 to 2001: An Overview
    Name
        Course Name
        Instructor
        Date
Introduction
    In the idealized perception of the society, law has the best implementations to
ing forward the state of order and decorum for the people living in it i.e. it is the duty of the law to maintain that desired balance between the social sphere and the legislative council that governs it in the democratized nations. In the particular context of United Sates, the Supreme Court has viewed several shifts in the interventions that it could
ing in because of the need of the situations.
United States have participated actively in the two world wars along with keeping its policies against the parameters of te
orism in the modern context. The role of United States Supreme Court has been determined by the strict but still moderately flexible attitude towards the time of insurgence, a period when the human rights were compromised for structuring the lawful situation, however, the court has taken strict stands against the social biases over the course of time.
The Development of the Legislative Powers and Legal Interventions
    At first, in the context of the shifts of the reflective powers of Unites States Supreme court during the history, it is important to note that the US Society has undergone through several changes in terms of preserving the rights to all. The ideological conflicts are in the core values of the constitution of the nation—though it sounds hypothetical but it is true because of the fact that the society of US has viewed the social issues of racism and a social sphere which suffered from sectional divide. , (Erwin, 2006)
The founders of American freedom worked strenuously hard to
ing forward that integrity of which, the values of unity and national fraternity were intact and well knit in the plot of the constitution. The division of power in legislative and judicial bodies of governance was deliberately given so that the courts could do their works effectively, if the legislative council would adopt radical or biased attitude in giving the people in democracy. The situations of Cold War and two World Wars have given exactly the same situation before the nation when the court had to see that diversified and changed behavior in the restrictions posed over the fundamental human rights of people. (Erwin, 2006)
The Cold War and World WarI: Limitations Posed
    In the context of examining the legal interventions, wartime policies and the judgments made by the Supreme Court in the process of maintaining balance in social rights of people, the limitation of roles and responsibilities of the court can be seen in the light of the suppression given by congress from the very beginning of the democracy in America. The formation of the Alien and Sedition Act in 1798 is the prime example of the same. (Erwin, 2006)
Freedom of expression is the core value of democracy which went on stake with the implementation of this act in the US society. The sense of urgency was taken as a pretention by Congress to avoid conditions of Civil War again in the society and in the name of making that freedom restricted; the people who advocated the rights of free speech were either jailed or got the continuous observation of official powers on them. (Erwin, 2006)
With the election of President Thomas Jefferson in 1800, the Act continued with full effect in the US society and people do not see much of the shifts or reformative changes which the Supreme Court could introduce at that time. The cases are nominal to cite in this context because the court seemed to observe the ongoing happening with a neutral perspective—as per the judicial system, the court gives verdict when the matter is
ought to its concern and it does not intervene with the general context of implementing laws and regulations by the legislative council. Even the powers of the judiciary can be restricted with the framing of new laws which is quite ironical.
The landmark change in the court’s intervention with the rights of people came in full swing when Lincoln, the next President, eliminated provisionally the writ of habeas corpus infe
ing that it was the attack on the ways of the government to handle the matters of the Civil Wars. There are some unique ways with which the legislative council governs and resolute the matters of the war especially when they are in the course of internal affairs—the external wars which are fought with the nations are subjected to the military decisions solely but the wars like Civil Wars must have a general handling of the affairs which is definitely a matter of discussion and mutual agreement of the government and the legal bodies.
Unfortunately, until the implementation of this limitation was posed, the damage to the rights of the freedom of expression was done to the people. “The Supreme Court intervened in the matter of suspension and declared that it was quite an unconditional act of the government to restrict the rights of people during the emergency to file the writs of habeas corpus.( ex parte Milligan 1866)” (Erwin, 2006)
Later during the...
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