Monday, April 9, 2012

Of all the Supreme Court Justices added to the court, explain which which one stands out the most.

There can be many answers to this question.  I think that
one would be accurate in pointing out that John Marshall, the nation's fourth Supreme
Court Justice, was instrumental in constructing the court what it is today.  The idea of
Judicial Review, meaning that only the Supreme Court can determine the constitutionality
of laws and actions, was an important construction.  Justice Holmes' writings on the
First Amendment, and the idea of the Constitution protecting the rights of all
individuals are extremely important to the nature of basic freedoms.  One could even
argue that Roger Taney, specifically in the Dred Scott decision, was extremely important
in demonstrating how the court could make dreadful mistakes that can have a profound
impact on the nation's development.


Yet, I think that I
find Earl Warren to be the one that stands out the most in my mind.  In focusing on two
decisions of the Warren Court, I think that Earl Warren's commitment to social equality
and the rights of the individual proved to be two lasting legacies that showed the
Supreme Court capable of great good in the American social and political
fabric.  Brown v. Board of Education was a decision that
transformed American society.  Our modern social order owes a debt to the decision and
still has to strive to achieve what the decision set in motion.  The fact that Warren
was able to articulate a position that argued segregation being unconstitutional as well
as the need for integration to happen "with all deliberate speed" ( href="http://www.loc.gov/exhibits/brown/brown-brown.html">Supreme Court,
1955
) are elements that both defined the promises and possibilities of
American society.


In Warren's Miranda v.
Arizona
case, Warren upheld the idea that all individuals, even those accused
of criminal activity, are afforded Constitutional protection.  The notion here is that
the Constitution cannot work for the betterment of all society if it is denied to
specific members of that society.  In my mind, I think that Justice Warren stands out
because he saw the court as an instrument for social change when society was unable or
unwilling to change itself.  When legislators failed miserably to address what was in
need of change in our society, Justice Warren saw the necessity to change it.  In doing
so, Warren stands out by demonstrating the power and function of the Supreme
Court.

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