Power

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Thursday, March 17, 2011

What Role Do Judges And The Judicial System Play In Supporting Freedom?

The judicial system interprets the Constitution and applies federal laws that govern all Americans.  The judicial system reviews decisions of state courts to make sure they comply with federal law.  One would think this sounds more like the judicial system restricts freedom more than it supports it, but that is not the case.  By the judicial system interpreting the Constitution, it gives us freedoms.  For example, let’s consider freedom of speech, press, and religion.  If the judicial system did not interpret those, we would have less freedom.  All this makes the U.S. unique from other countries.  You do not have to belong to a certain religion.  You can say whatever is on your mind, within reason. 
I have posted a video on the Bill of Rights that is the first 10 Amendments of the U.S. Constitution.  I believe the Bill of Rights are the most important Amendments of the U.S. Constitution.  Without the Bill of Rights would there be human rights in the United States?  I really do not believe so.  There would be no other basis for human rights.  Citizens would have no freedom.  Police officers would not have to do their work the right way in order to put people in jail.
The Bill of Rights covers freedom of religion, the right to bear arms, granting soldiers the right to be quartered in houses only with consent of the owner, the right against unreasonable searches and seizures, the right to not be tried for any serious crime without the Grand Jury meeting first to determine if there is enough evidence for trial, the right to a speedy trial, the right to a jury, the right to no cruel or unusual punishment, the right to other rights besides what’s in the Constitution, and the right for anything the Constitution doesn’t say that Congress can do should be left up to the states or to the people.
All of these rights are subjective.  Judges and the judicial system are there to interpret these rights.  They are here to make sure our rights are not violated. 
Another important way the judicial system supports freedom is by giving the weak the ability to challenge those who have power.  Those who have power generally do not have to face up to anything.  That is not the case in the court of law.

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