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Civil Liberties and Supreme Court in the U.S.

" Policy preferences based on ideological positions strongly influence the positions of justices on issues before the Court.

Paul Wahlbeck, James Spriggs, and Forest Maltzman argue that majority opinions in the United States Supreme Court develop through a process of vote-buying. Vote buying, used in this context, refers to a process of bargaining among the justices to modify proposed opinions until a minimum coalition for a majority opinion evolves. In such a process within a divided Court such as the Rehnquist Court, solid ideological positions rarely prevail. In many ways, this forced negotiation among the justices of the Supreme Court tend to protect individual rights from assault by ideologues on either side of the liberal-conservative divide.

Interrerlationships Between the Court, the Congress, and the President

The United States Supreme Court tend to arbitrate between the legislative and executive branches of the federal government more than it challenges either of the other branches in pursuit of its own objectives. Over the past several decades, the executive branch has been successful in exerting power at the expense of the Congress. In most instances, the Supreme Court supported the President in these battles. Within this context, Walter Oellinger and Alan Meese concluded that the Supreme Court recognizes and accepts "the founders' basic concern over the 'encroaching nature' of power, as well as their specific belief that Congress is potentially the most dangerous branch."

Examination of Specific Issues Involving Civil Liberties in the United States

Abortion is one of the most divisive issues in the United States. In most instances, neither proponents of reproductive rights for women nor strident anti-abortionist advocates are able to develop any sort of middle ground between their positions. The Congress largely reflects the public split on the issue and encounters similar difficulties in reaching any...

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Civil Liberties and Supreme Court in the U.S.. (1969, December 31). In Retrieved 04:03, August 20, 2017, from
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