Читать книгу American Democracy in Context - Joseph A. Pika - Страница 160

Constitutional language is the basis for our civil liberties, but it is important to remember that constitutional language alone is not enough to preserve them. The constitutions of many other countries, including China, offer similar guarantees that ultimately prove to be hollow. What makes the U.S. system different is its long-standing commitment to the rule of law—its willingness to hold the government accountable to the Constitution. Any retreat from that commitment to the rule of law would have profound consequences for the liberties we cherish and take for granted.

Even with a strong commitment to the rule of law, holding government accountable to the Constitution requires interpretation of that document. And, as we have seen throughout this chapter, the ambiguity of constitutional language gives the Supreme Court great power to determine the actual scope of civil liberties. Quite simply, the way that civil liberties are interpreted and enforced matters to our democratic system and to you. Your ability to protest the government, worship as you please, use birth control, marry a same-sex partner, and decide whether to refuse medical treatment all depend not only on what the Constitution says but also on how the Supreme Court interprets it.

That is why so many Americans pay attention to who sits on the Court. The large number of 5–4 decisions discussed in this chapter is a vivid reminder of the power of individual justices. It is undeniable that President Trump’s appointments of Neil Gorsuch and Brett Kavanaugh have shifted the balance of the Court and will influence policy for years to come (just as Hillary Clinton’s appointments would have done if she had won the 2016 election). That is why, as we will discuss in more detail in Chapter 14, judicial appointments are so important (and so highly contested).

Once they get on the Court, the tests justices choose to apply to individual cases have profound consequences. Being able to identify what kind of tests the justices use in particular cases may seem pedantic at first, but their choices affect everything from the regulation of your sexual behavior to whether an invocation is allowed at high school football games.

Incorporation has consequences, too. It has consequences for states, whose policy options are affected; for taxpayers, who may have to fund requirements such as jury trials in criminal cases; and for you, whose rights are extended.

Think about the consequences all of this has had for you and your friends. If you care about such things as prayer, guns, protest, sex, life, and death, civil liberties matter to you.