Wednesday, November 6, 2019

Judicial Bench and Racial Discrimination essays

Judicial Bench and Racial Discrimination essays Regardless of how people might promote the role of the judiciary in curbing racial discrimination, there will always be some people who would complain of lack of judicial assistance and some might even claim that justice system is designed to keep the racial order intact. Despite these claims, it is worth mentioning that over the years, courts in the United States have decided many cases of discrimination and while some may have appeared biased, most actually sought to curb or reduce racial discrimination in all facets of life. In this regard, we have the 9th, the 13th and the 14th amendments that were proposed by Congress and were repeatedly interpreted by the courts to give them meaning and to make it easier for people to understand what their rights were under these amendments. The ninth amendment was meant to protect the rights of those who are not specifically covered by the Constitution. But amendments or laws are nothing with interpretation and thus Supreme Court interpreted the ninth amendment on various occasions. In Griswold v. Connecticut (1965), the court explained: While the Ninth Amendment - and indeed the entire Bill of Rights - originally concerned restrictions upon federal power, the subsequently enacted Fourteenth Amendment prohibits the States as well from abridging fundamental personal liberties. And, the Ninth Amendment... is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement. Similarly the courts again invoked the ninth amendment in the famous case of Roe v. Wade where the decision went in favor of a "Ninth Amendment right to choose to have an abortion."[Roe v Wade, 1970] Apart from the ninth amendment, we also have the 13th amendment that seeks to protect property rights of all minorities thereby reducing the chance of racial discrimination in the disposal of property. The amendment seeks to abolish slavery and any...

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