Gradual and Consistent Application

Free «Gradual and Consistent Application» Essay Sample

In corporation Doctrine involves a gradual and consistent application of the United States’ Bill of Rights to various states through the due process clause of the 14th Amendment. Ideally, the current civil liberties that are mandated by the Supreme Court to enhance justice were not created but evolved through a gradual process. Initially, Bill of Rights was deemed to be unenforceable promises made by jurisdiction; however, it has currently been one of the centre pillars for the criminal justice system.

The evolution of Civil liberties commenced in 1215 when the Monarchical power was reduced due to the introduction of Magna Carta that subjected authority to the rule of law. Later, in the course of 17th century, the rights of the citizens in U.S. were defined and the legislature arm of government was protected from cruel bans and punishment associated with free speech. 18th century saw the establishment of a democratic system and the Rights of individuals defined by the court system. Citizens were able to question the U.S. Congress without any form of infringement from legislative and executive arm.

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Consequently, 19th century saw a massive change in the court system in terms of protecting individuals Rights. In Marbury v. Madison case, the first law was enacted in an attempt to protect an individual’s rights. This was followed by ratification of the 14th Amendment that provided clarity on the U.S. Citizen’s Rights. The initial aim of the Bill was to limit the Southern States’ efforts in restricting the rights of freed slaves. The Amendment changed this objective to incorporate the standards to be observed when instigating human rights in the society. Recently, in 1965, the Supreme Court observed the right to privacy, which was arrived at after the court decided on Griswold v. Connecticut case. Later on, the legalization of abortion was adjudged (Roe v. Wade, 1973), and finally, law prohibiting same sex relationship was uplifted (Lawrence v. Texas, 2003).


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