What are constitutional rights and how effectively are they enforced?

What are constitutional rights and how effectively are they enforced?


Constitutional rights are rights that are explicitly listed in the amendments of the constitution, such as the Bill or Rights (including the right to privacy) and the Reconstruction amendments (including the right for every citizen to vote in the 15th amendment). Due to the constitution being codified rights are displayed in a single legal document and can therefore be enforced through the Supreme Court and the Federal Courts.
Some might argue that even after the reconstruction amendments were put in place that segregation persisted for around the following 100 years. The 1896 Plessy V. Ferguson case required racial segregation in public places under the doctrine ‘separate but equal’. This shows the constitutional rights were not effectively enforced; however this was then reversed by the Brown case.
Constitutional rights are effectively enforced through the judiciary branch. The role of the Supreme Court is to protect individual civil rights by interpreting the law. An example of this is the 1973 Roe v. Wade case when a citizen of Texas wanted to have an abortion which was against Texas state law. Roe believed this law was unconstitutional as she deserved a right to privacy and by creating this precedent abortion became legal in all 50 states. Therefore, the Supreme Court effectively enforce constitutional rights.
However, the Supreme Court have not always protected civil rights. An example of this is the Dred Scott V. Sanford case in 1857 where African Americans were not able to be American citizens. This went against the 15th amendment and therefore shows that the Supreme Court does not always uphold civil rights and liberties.

Similar Essays