t is true that the Court has made decisions that reflect its own biases and interests, it can be shown that the Court has also consistently acted to secure the rights of citizens and to limit federal and state powers. Following, is the definition and enforcement of human rights a judicial task? The adjudication of the Supreme Court over issues of human rights as opposed to this power residing in other branches of government must be answered. While there is no direct statement regarding judicial review in the Constitution, Marbury v. Madison is referenced here as the greatest of all cases justifying this judicial power. Thus arises the penultimate question of the authority of the Supreme Court.Constitutional adjudication was allowed for implicitly by the Founding Fathers. Only some of the principles of higher law were written down in the original document; however, the distinction between those laws protecting natural rights and positive law was a well-understood one. The ninth amendment allowing for due and proper legislation is the expression of the existence of further principles of higher law not specifically written into the Constitution. The Marshall Court is a prime example of the manner by which the Supreme Court would act as the enforcer of both written and unwritten natural rights. Through the mid-nineteenth century unwritten constitutional law was referenced during many controversial debates, notably allowing for the protection of contracts, the institution of labor regulation, and the restraining of taxation. Continuing through the twentieth century, unwritten rights were upheld allowing for the advancement of laissez-faire capitalism and restraining the powers of state governments against impinging on the natural rights of its citizens. Finally, through the most recent decades, the non-interpretive model has allowed for the right to privacy, freedom of expression, women’s suffrage, de-segregation of schools, ...
