Procedural Limitations

Throughout history, society has pushed the envelope with civil liberties and civil rights by tackling Supreme Court decisions. From the decision to incorporate the Bill of Rights- i.e the Bill of Liberties- to the need to eradicate the disparity of African Americans and women, America’s citizens have fought for equality since the birth of the United States. Civil liberties, as denoted in the Bill of Rights, had limited the government’s actions by providing “freedoms from” (Professor Krieger) the government. Because the government could not take away the people’s rights, the Bill of Rights was a list of “thou shalt nots,” which “limit[ed] its [the government’s] jurisdiction” (Lowi pg.107). A famous substantive limitation, or a restriction

Subsequently, one of the main components of the procedural limitation is innocent until proven guilty, which brings about the right to a Grand Jury- a panel that determines whether or not there is a need to go to trial. As a result, a guilty verdict in criminal cases is determined with evidence that is sufficient and that must be proved “‘beyond a reasonable doubt’” (pg.131), so there is an immense need to increase the chances for the respect of “reasonable doubt” (pg.

African Americans have been fighting for equality since the pre-Civil War era. Although the Thirteenth, Fourteenth, and Fifteenth amendments became realities, segregation and exclusion of African Americans from public places were the realities throughout the 1800’s and 1900’s. The Civil Rights Act of 1875, or the “Force Act” (pg. 157), only allowed the government to protect African Americans from being excluded by “public officials of state and local governments” (pg. 157), not private businesses. Thus, Plessy v. Ferguson in 1896 polarized the nation, for the case declared the Missouri Compromise unconstitutional and did not violate the Fourteenth Amendment’s “equal protection of the laws” (pg. 158). As long as the accommodations for both races were equal, separating various public spaces was also equal; however, in 1954 “separate but equal” was reversed with Brown v Board of Education. Brown v. Board of Education focused on Oliver Brown’s fight for his daughter, Linda, to attend an “all-white Summer School, which was closer to home” (pg. 160). When the school refused to admit his daughter, Brown took his fight to the NAACP and then took his fight to the Supreme Court; subsequently, the Court decided on the case with the “consequences of segregation” (pg. 160), which concerned a lack of “equal educational opportunities” (pg. 160). As a result, the Court declared Plessy v.