As we continue to work through the chapter on founding and the Constitution, let’s consider how the
constitutional principles of liberty, the Bill or Rights, checks and balances, and separation of powers work
out in the real world of American politics.
On the example of two court cases I selected (one in the Supreme Court and one in the lower appeals
court), we can trace the complexity of protecting the constitutional guarantees.
As discussed in the chapter (p. 53, 57), judicial review is the power of the courts to review and, if
necessary, declare the actions of the legislative and executive branches unconstitutional. The U.S.
Supreme Court (SCOTUS) is the highest court in the judicial system. It has the final authority in interpreting
and applying the Constitution to modern disputes.
For the paper, please, summarize the gist of these two competing court rulings regarding privacy rights (4th
Amendment rights) in the digital age. What observations can you make about the courts’ handling of such
cases? Also, please, review the concept of “judicial review” and incorporate this concept into your reaction
to these court cases. Do you think that the court system is doing a good job thus far addressing the subject
of privacy rights?