Question

Why have most of the advances in civil rights come through the federal courts and not through state legislatures? What does this say about America’s democratic system? Would you rather have: judges who believe in judicial restraint when it comes to civil rights or judges who are activists?

300 words

Answer 1

The majority of the members of legislatures belong to the dominant majority group, whereas, the judges of federal court are appointed on the basis of goodness and fairness in their behavior both personally and professionally. Hence, members of legislatures are always sided towards want the majority wants and reflect the opinions of the majority. Judges are bound by the Constitution and work accordingly. The reason why most of the advances in civil rights have come through the federal courts and not through the state legislatures is Civil liberties and rights are protected by the Constitution through courts and opinion of majority has no influence on courts regarding this.

Our Pioneers have foreseen this nature majority tyranny of state legislatures and hence, to restraint legislatures from the misuse of power, they have established the checks and balances.