Judicial Foundations of Government

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Judicial Foundations of Government

The judicial system is the government's third branch (White House, 2022). It is

responsible for applying the statutes to individual instances and resolving any disagreements.

The true ‘meaning of legislation' is determined by the judiciary when they provide their

decisions in diverse circumstances. From the perspective of people, the judicial system

represents the most essential component of the government since it protects people from the

potential injustices of the executive and legislative branches. The judicial system is more

respected compared to the other two branches due to its role as the defender of the founding

document and the citizen's basic rights. The paper will discuss the Thirteenth, Fourteenth, and

Fifteenth Amendments, Jim Crow Laws, American v. Korematsu, Arizona v. Miranda,

Americans v. Marbury, Buckley v. Valeo, Marbury v. Madison, McCulloch v. Maryland, Dred

Scott v. Sandford, Brown v. Board of Education, Gideon v. Wainwright, Gibbons v. Ogden,

Korematsu v. United States, and Arizona v. Miranda as judicial foundations of government

13th, 14th, and 15th Amendments

In American history, the Reconstruction era was characterized by strife and idealism.

Improved interracial equality was made possible when Parliament introduced the Reconstruction

Amendments to the United States Founding document (Linder, 2021). The Reconstruction

Amendments, commonly known as the Revolutionary War Legislative changes, are 3 changes to

the U S Founding document that ended slavery, offered previously oppressed individuals’ racial

equality, and guaranteed the voting rights to citizens of all ethnicities. The three new provisions

are still in force and frequently used as examples

13th Amendment
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The Proclamation Of emancipation eliminated enslavement in the Confederate, whereas

the Thirteenth Amendment ended slavery across the U. S. It also congresses the power to impose

the decree through statutory provisions if states defied it(Anderson, 2017).

14th Amendment

Due to this provision, all Americans, regardless of race, are entitled to the protections of

the Constitution's Bill of Rights. After passing the Civil Rights Act of 1866, Parliament

understood that they required a more robust judicial justification to maintain fair trials, equal

protection from the law, and other liberties inside jurisdictions (GPO, 1992). The Establishment

Clause granted the federal government the ability to sue state and local governments that restrict

people' privileges and rights on the grounds of race. It essentially reversed the Supreme Court's

Dred Scott ruling by proclaiming that everybody conceived on US territory, especially Black

males and former confederate persons, is a resident with legal citizenship (Anderson, 2017).

15th Amendment

Before the 15th Amendment was written and enacted by Parliament, black males were

not allowed to exercise their democratic rights in all jurisdictions. The clause guaranteed Black

males the opportunity to vote, rendering it unlawful to deny them the privilege on the basis of

their race or prior slavery (Master class, 2022). The erstwhile Confederacy's regional

governments pushed the boundaries of federal regulation on this issue.

Ever since Civil War, the Reconstruction Amendments have operated as an ideal aim

rather than an actual reality. In the decades and centuries since, individuals have opposed,

neglected, or abused the liberties they entrenched (Master class, 2022). The Amendments To the

constitution are still a source of contention and motivation today. While some continue to look
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for loopholes in these statutes to disempower individuals of color, many see them as protective

lines of defense that provide the foundation for interracial fairness and equality in the U. S.

Jim Crow Laws

local and State regulations together known as "Jim Crow laws" made racial segregation

lawful. The statutes, dubbed after a Black minstrel show figure, were intended to isolate Black

Americans by depriving them the right to vote, hold employment, acquire an educational, or

other possibilities for approximately 100 years, from the post-Civil War period till 1968. Some

who sought to disobey Jim Crow laws were frequently arrested, fined, imprisoned, beaten, and

killed (PBS, 2017). Following World War II, the Black Americans community experienced an

upsurge in civil liberties actions, with just an emphasis on protecting Black Americans' ability to

exercise their democracy. This sparked the progressive movement, which resulted in the repeal

of Jim Crow legislation. President Harry Truman authorized army unification in 1948, and the

"separate yet equal" educational period was brought to an end in 1954 when the Supreme Court

determined in Brown v. Board of Education that institutional segregation was unlawful.

The Voting Rights Act, which was enacted by President Lyndon B. Johnson in 1964,

officially put a stop to the discrimination that Jim Crow legislation had established (CRF, 2020).

In addition, the Voting Rights Act of 1965 put an end to efforts to prevent minorities from voting

(History.com Editors, 2018). Following that was the Federal Housing Act of 1968, that

prohibited discrimination in selling and renting properties. Jim Crow laws were nominally

repealed, but this has not necessarily ensured deep implementation or compliance with anti-

racism legislation across the U. S.

Buckley v. Valeo
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In the matter of Buckley v. Valeo, the 1974 amendment to the 1971 Federal Election

Campaign Act (FECA) that had placed restrictions on specific kinds of spending that were made

on behalf of contenders for national office was overturned by the United States apex court on

January 30, 1976 (Spitzer, 2019). Nonetheless, the Court affirmed FECA's restrictions on

donations to specific politicians as well as cumulative expenditures to numerous races made by

individuals, organizations, and political organizations (PACs)

The case Buckley v. Valeo is noteworthy because it established the idea that giving

money to support a politician or political organization qualifies as free expression (Jones, 2020).

For even more than 3 decades, it established the guidelines for the legally permitted control of

election races in the U. S.

Marbury v. Madison

The historic Marbury v. Madison decision, decided by the U.S. Supreme Court, created

the notion of judicial scrutiny in the country (Urofsky, 2017). This means that American courts

have the authority to invalidate laws and acts that they determine to be unconstitutional. Marbury

v. Madison, decided in 1803, is often recognized as the one most significant case in the United

States constitutional legislation (History.com Editors, 2009). The Jury's momentous case

stipulated that the United States Constitution is actual legislation, not merely a declaration of

political ideologies and aspirations, and helped to shape the border between both the national

administration's legally independent judicial and executive departments.

McCulloch v. Maryland

McCulloch v. Maryland, decided on March 6, 1819, was a pivotal Apex Court case that

established the doctrine of legislative power, which said that the national government possessed

power and authority which were not explicitly enumerated in the Constitutional but were inferred
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by it (Kelly, 2019). Furthermore, the Apex Court ruled that territories are not permitted to pass

laws that conflict with federal statutes authorized by the Founding document.

Dred Scott v. Sandford

In the famous case of Dred Scott v. Sandford, the U.S Superior Court ruled that African

American people, whether they were free or enslaved, were not intended to be considered

residents of the U.S and therefore were not entitled to the same liberties and entitlements as other

Americans (Team, 2017). Widespread criticism of the Apex Court's ruling has been leveled at

both its racial stereotypes and its critical importance in the outbreak of the United States Civil

War just four years later (Findlaw, 2018). In just about any list of the greatest Supreme Court

rulings, it "stands foremost," according to legal historian Bernard Schwartz.

Brown v. Board of Education

It was described as the Court's "worst self-inflicted blow" by Chief Justice Charles Evans

Hughes. In the famous 1954 Court Ruling Brown v. Board of Education of Topeka, the judges

held overwhelmingly that institutional racism of students who attended public institution was

unlawful (History.com Editors, 2009). the case was one of the pillars of the movement for civil

rights was and therefore contributed the rule that indicates "separate yet equal" learning as well

as other facilities which were not actually equal at all.

Gideon v. Wainwright

In the case of Gideon v. Wainwright, the United States Apex Court held on March 18,

1963, stated that every state must offer legal representation to poor people accused of a

misdemeanor (Ashenmiller, 2018). In a historic ruling, the United States Apex Court held that

jurisdictions must provide legal representation for people accused of crimes who cannot pay it

under the Sixth Amendment of the United States founding document. By placing similar duties
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on the territories as well, the decision expanded the right to representation that had been

determined underneath the Fifth and Sixth Conventions to impose requirements on the national

govt.

Gibbons v. Ogden

In a historic judgment known as Gibbons v. Ogden, the United States Apex

Court determined that Legislature's authority to control cross - border trading under the

Constitutional Provision of the American Founding document also included the authority to

control transportation (Ashen miller, 2018). Several of United States most recognized and skilled

lawyers contested the issue at the time. Ogden was represented by fugitive Irish nationalist

Thomas J. Oakley and T. A, Emmet while Gibbons was represented by United States Attorney

Daniel Webster and General W. Wirt.

Korematsu v. United States

The U.S Apex Court made history when it upheld the barring of Americans

Japanese from the West Coast Combat Zone throughout the Second World War in the case of

United States v. Korematsu (U S Courts, 2021). Many experts have called the ruling "an awful

and worthless relic of public intolerance" and "a blight on United States jurisprudence." In the

2018 case of Hawaii v. Trump, Supreme Court Justice John Roberts clearly rejected the

Korematsu ruling in his unanimous Judgement (Tikkanen, 2021). The decision is frequently

mentioned as one of the most disastrous Judicial Rulings ever.

Miranda v. Arizona

Miranda v. Arizona was a historic ruling  by the United States Apex Court in which the

Court decreed that the 5th Amendment to the United States Constitution prohibits investigators

from employing a client's statements given in reaction to interrogation in police detention as

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substantiation at their court hearing unless the individual was notified of the privilege to consult

with a lawyer prior to and during questioning, as well as the privilege against self-incrimination

before police interrogation and that the accused was aware of these privileges and willing to

forgo them (United States Courts, 2020).

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References

United States Courts. (2020, April 12). Facts and case summary - miranda v. Arizona. United

States Courts. Retrieved September 22, 2022, from https://www.uscourts.gov/educational-

resources/educational-activities/facts-and-case-summary-miranda-v-arizona

U S Courts. (2021, May 23). Facts and case summary - korematsu v. U.S. United States Courts.

Retrieved September 22, 2022, from

https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-

summary-korematsu-v-us

Tikkanen, A. (2021, February 22). Korematsu v. United States. Encyclopædia Britannica.

Retrieved September 22, 2022, from https://www.britannica.com/event/Korematsu-v-

United-States

Ashenmiller, J. (2018, June 12). Gideon v. Wainwright. Encyclopædia Britannica. Retrieved

September 22, 2022, from https://www.britannica.com/event/Gideon-v-Wainwright

History.com Editors. (2009, October 27). Brown v. Board of Education. History.com. Retrieved

September 22, 2022, from https://www.history.com/topics/black-history/brown-v-board-

of-education-of-topeka

Team, C. (2017, April 16). Dred scott v. Sandford - case summary and case brief. Legal

Dictionary. Retrieved September 22, 2022, from https://legaldictionary.net/dred-scott-v-

sandford/

Findlaw. (2018). Dred scott v. Sandford: History, decision, and impact. Findlaw. Retrieved

September 22, 2022, from https://supreme.findlaw.com/supreme-court-insights/dred-scott-

v--sandford--history--decision--and-impact.html
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Kelly, M. (2019, May 3). Why was the mcculloch V. maryland decision significant? ThoughtCo.

Retrieved September 22, 2022, from https://www.thoughtco.com/mcculloch-v-maryland-

104789

Urofsky, M. (2017, July 24). Marbury v. Madison. Encyclopædia Britannica. Retrieved

September 22, 2022, from https://www.britannica.com/event/Marbury-v-Madison

History.com Editors. (2009, December 2). Marbury v. Madison. History.com. Retrieved

September 22, 2022, from

https://www.history.com/topics/united-states-constitution/marbury-v-madison

Jones, C. A. (2020, July 24). Buckley v. Valeo. Encyclopædia Britannica. Retrieved September

22, 2022, from https://www.britannica.com/event/Buckley-v-Valeo

Spitzer, E. (2019, December 13). Buckley v. Valeo: Supreme Court case, arguments, impact.

ThoughtCo. Retrieved September 22, 2022, from https://www.thoughtco.com/buckley-v-

valeo-4777711

Master class. (2022, September 13). Reconstruction amendments: 13th, 14th, and 15th

amendments - 2022. MasterClass. Retrieved September 22, 2022, from

https://www.masterclass.com/articles/reconstruction-amendments-explained

History.com Editors. (2018, February 28). Jim Crow laws. History.com. Retrieved September

22, 2022, from https://www.history.com/topics/early-20th-century-us/jim-crow-laws

GPO. (1992). 14th Amendment US Constitution--rights guaranteed privileges ... - govinfo.

Retrieved September 22, 2022, from https://www.govinfo.gov/content/pkg/GPO-CONAN-

1992/pdf/GPO-CONAN-1992-10-15.pdf
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White House. (2022, July 12). The judicial branch. The White House. Retrieved September 22,

2022, from https://www.whitehouse.gov/about-the-white-house/our-government/the-

judicial-branch/

Linder, D. (2021). The powers of Congress under the 13th, 14th, and 15th amendments.

Retrieved September 22, 2022, from

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/powers13th14th15th.htm

Anderson. (2017). The 13th, 14th, and 15th amendments to the Constitution of the untied ...

Retrieved September 22, 2022, from

https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?

article=1242&context=historical_theses

PBS. (2017). Jim Crow laws. PBS. Retrieved September 22, 2022, from

https://www.pbs.org/wgbh/americanexperience/features/freedom-riders-jim-crow-laws/

CRF. (2020). A brief history of Jim Crow. Constitutional Rights Foundation. Retrieved

September 22, 2022, from https://www.crf-usa.org/black-history-month/a-brief-history-of-

jim-crow
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