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The Significance Of West Virginia

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Section I Question 3: The Significance of West Virginia Barrette’s Civil Liberties Jurisprudence in Supreme Court Rulings on Freedom of Religion and Freedom of Speech. Justice Jackson’s Majority opinion in West Virginia v Barnett declared the “..very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts”(Rossumn and Tarr pg, 351). Specifically, Jackson argued the Founders believed that certain fundamental rights were so crucial they needed to be protected from the popular sentiments of the people and the State legislatures through a written Bill of Rights and the jurisprudence of the Courts. Furthermore he averred the role of the Courts was to act as the primary definers and protectors of those rights. In doing so, the Court not only interprets the scope of these fundamental rights but determines cases based on it’s own judicial theories handed down through precedent. Where as, prior to Jackson’s civil liberties jurisprudence in Barnett and incorporation, of the Bill of Rights, each individual state legislature had maintained primary responsibility for defining rights such as freedom of expression. Additionally, after incorporation of the Bill of Rights, the jurisprudence of the Supreme Court in cases such as Minersville School District v Gobitis reinforced the legislator’s long

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