The following paragraphs present two viewpoints articulated - GED Prep
Question
The following paragraphs present two viewpoints articulated in a 1971 decision of the U.S. Supreme Court.
Justice Hugo Black contends that federalism does not entail state superiority or national supremacy. Rather, it serves to protect individual rights enshrined in the Constitution while avoiding undue interference in state matters. He describes federalism as a framework that recognizes the roles of both state and national governments.
In contrast, Justice William Douglas asserts that federal courts must safeguard individual constitutional rights to prevent their erosion. He attributes this imperative to a change in the power dynamics between state and national governments following the Civil War. Douglas underscores that the 14th Amendment expanded civil rights to become a matter of national significance, positioning the federal government as a mediator between the states and their citizens.
How does Justice Black's interpretation of federalism and individual rights differ from that of Justice Douglas?
Answers
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Explanation
The correct answer is A. Justice Black's description emphasizes the concept of federalism as a system that protects individual rights guaranteed by the Constitution while maintaining sensitivity to the roles of both state and national governments. He highlights that federalism does not mean one government is supreme over the other but rather seeks to balance power between them to safeguard individual liberties. In contrast, Justice Douglas focuses on the evolution of federal power, particularly after the Civil War and the passage of the 14th Amendment. He argues that the 14th Amendment shifted the balance of power by making civil rights a matter of national concern, effectively placing the federal government as a protector of individual rights against state infringement. So, only Justice Black's perspective explicitly addresses the protection of individual rights from potential overreach by the national government, differentiating it from Justice Douglas's emphasis on the changing dynamics of federal-state relations post-Civil war.
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