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Jenni Zackeo

Mrs. Tobey

A4 American Government

4 January 2018

The U.S. Government: A Positive Way to Improve

The United States Government is built in a very specific way to ensure everything runs

effectively. The Constitution, ratified in 1787, is the supreme law of the land. After the Articles

of Confederation failed, citizens wanted a government that would live and be specific to each

states needs. Made up of three branches, Judicial, Legislative and Executive, the U.S.

government is a complicated system that took years to perfect. Nothing is ever perfect and the

government is no exception. Without these systems, one may never know if the U.S. would be

where it is today. The government allows its citizens to improve it, making it not overly powerful

but instead a positive force. When faced with difficult decisions involving both civil rights and

civil liberties, the government relies heavily on the Constitution the Founding Fathers created,

along with the amendments that were added as necessary. The judicial branch is the most central

branch involved in the protection of the rights regarding every citizen.

The U.S. Constitution provides the baseline for a limited government where no one

branch is over powerful and the people always have a say. It is a living document, and is open to

constant interpretation. The Supreme Court is tasked with interpreting the Constitution as

worldviews change and new ideas are produced. The Constitution also holds the basis for an

independent judiciary. The Supreme Court justices hold their jobs for life, meaning they do not

have to worry about getting reelected allowing all bias to be removed. This protects the people
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from unfair court cases, and was very beneficial in the 1952 Brown v Board of Education civil

right cases. This is the court case that established “separate but equal” is not constitutional and

was the beginning of integrated schools. Although this was an unpopular opinion in the South,

the judges were able to rule in this manner because of their life-long terms. If they were

concerned about getting reelected, the judges may not have interpreted the Constitution in a just

way. Instead, the judges were able to fairly rule and protect the civil rights of African American

students. Judicial review protects the rights of citizens from corruption in the courts.

The government also has the power to create and change precedents. This power is given

to the Judicial branch and is called “judicial review.” Judicial review is the ability of the

Supreme Court to declare a law constitutional or unconstitutional, even if it was previously

declared to opposite. The first time this was ever used was during the 1803 case Marbury v.

Madison. The case was not about a law in question but rather a disagreement between two

people, whether one should or shouldn’t be allowed to gain their justice of the peace

commission. It proved the Supreme Court had the final say. Judicial review is very important, it

forces the other two branches and all the states to follow the constitution to its true meaning.

This concept was also used in the Plessy v Ferguson case, in this trial it was declared “separate

but equal” was constitutional, even though several years later during Brown v. Board of

Education this precedent was overturned. The judicial branch has the power to compel citizens to

follow the Constitution.

55 years ago, a court case arose that would later prove any citizen could voice their

opinion. Gideon v Wainwright is a great example of how any citizen, no matter the status, can

complain to the government have their issue reviewed. Gideon was charged with a crime but
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when placed on trial was not provided a lawyer due to his lack of financial stability, people today

refer to this concept as “equal justice under law”. In the state of Florida, where the case was

tried, this was legal because lawyers were only required in federal courts yet this case was held

in a state court. A lawyer is extremely important to have during a trial because they know how

to protect their defendant, they are trained specifically to do this and know the ins and outs of the

law. Although he was placed in jail, using the most simplistic materials Gideon wrote a letter to

the Supreme Court declaring that his trial was unconstitutional. Supreme Court Justice, Hugo

Black, saw this too and thought it would be the perfect opportunity to fight for the 14th

Amendment, which declares no state can deny a citizen's fundamental rights such as the right to

counsel or the right to an attorney.. This case referenced the Supremacy Clause in the U.S.

Constitution, stating the federal law is always above state law. The case resulted in a rare 9-0

majority, proclaiming both state and federal courts must respect this right. A poor man was able

to change the face of the United States for the better just by fighting and standing up for his civil

liberties.

The U.S. Constitution was written to establish the government as limited, forcing it to

become a positive force rather than a negative necessity. Without the judicial branch and a fair

legal system, what would arise in this country? It is very possible that the country would easily

become corrupt and all rights would be put aside. The way the government is built allows it to

change directly to address the needs of the people. The Constitution is just one of the things that

enforces these ideas and protects those right. The Judicial branch is the true protector of both

civil rights and civil liberties.

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MLA Citations

Notes taken in class

Court cases reviewed in class

Concepts/Concepts discussed throughout class