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The adversarial judicial system comes from the common law tradition: In a court case, it is one party versus the other, and it is up to an impartial person or group, such as the judge or jury, to determine which party prevails. The federal court system is most often called upon when a case touches on constitutional rights. For example, when Samantha Elauf , a Muslim woman, was denied a job working for the clothing retailer Abercrombie&Fitch because a headscarf she wears as religious practice violated the company’s dress code, the Supreme Court ruled that her First Amendment rights had been violated, making it possible for her to sue the store for monetary damages.

Elauf had applied for an Abercrombie sales job in Oklahoma in 2008. Her interviewer recommended her based on her qualifications, but she was never given the job because the clothing retailer wanted to avoid having to accommodate her religious practice of wearing a headscarf, or hijab. In so doing, the Court ruled, Abercrombie violated Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin, and requires them to accommodate religious practices.

Equal Employment Opportunity Commission v. Abercrombie&Fitch Stores , 575 U.S. __ (2015).

Rulings like this have become particularly important for members of religious minority groups, including Muslims, Sikhs, and Jews, who now feel more protected from employment discrimination based on their religious attire, head coverings, or beards.

Liptak, Adam. “Muslim Woman Denied Job Over Head Scarf Wins in Supreme Court.” New York Times . 1 June 2015. http://www.nytimes.com/2015/06/02/us/supreme-court-rules-in-samantha-elauf-abercrombie-fitch-case.html?_r=0.
Such decisions illustrate how the expansion of individual rights and liberties for particular persons or groups over the years has come about largely as a result of court rulings made for individuals on a case-by-case basis.

Although the United States prides itself on the Declaration of Independence’s statement that “all men are created equal,” and “equal protection of the laws” is a written constitutional principle of the Fourteenth Amendment, the reality is less than perfect. But it is evolving. Changing times and technology have and will continue to alter the way fundamental constitutional rights are defined and applied, and the courts have proven themselves to be crucial in that definition and application.

Societal traditions, public opinion, and politics have often stood in the way of the full expansion of rights and liberties to different groups, and not everyone has agreed that these rights should be expanded as they have been by the courts. Schools were long segregated by race until the Court ordered desegregation in Brown v. Board of Education    (1954), and even then, many stood in opposition and tried to block students at the entrances to all-white schools.

Brown v. Board of Education of Topeka , 347 U.S. 483 (1954).
Factions have formed on opposite sides of the abortion and handgun debates, because many do not agree that women should have abortion rights or that individuals should have the right to a handgun. People disagree about whether members of the LGBT community should be allowed to marry or whether arrested persons should be read their rights, guaranteed an attorney, and/or have their cell phones protected from police search.

Questions & Answers

what's the difference between a Senate house and the parliament
Irene Reply
wat is decentralization
Irene Reply
Good question? its another way of emphasizing locality as a first principle value. assumed is self suffiency, sustainability, redundancy in critical systems but most of all it represents an individual citizens liberty; our rights, a dependence from and freedom from centralized power.
Lance
tnx
Irene
it's also assumed that this freedom is critical to our ability and advantages to be resilient. our full capacity to adapt w out any headwinds or yoke from an over reaching central world power as found in empires and dynasties or for example global neoliberalism virus.
Lance
Is it possible for a serious third party to emerge in the United States, positioned ideologically between the Democrats on the left and the Republicans on the right? Why or why not?
Richard Reply
meaning of civil service
Omohowho Reply
create the most between the competing value of indivualism and limited government
Dora Reply
civil liberties basic freedoms while civil rights are basic right to free from discrimination based on characteristics of race, disability, color national origin, gender, and other..
Sexy Reply
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Omohowho
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Official Reply
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Austin
yh
Irene
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Favour Reply
international political economy
Diana Reply
I'm not sure what this app is again, I'm over worked, tired, alone and I have a slight cold. my neighbor jumped me and sucker punched me yesterday, and today I'm trying to keep the tooth that took the hit. My exwife is in jail, her trailer impounded, and the dogs are @ The City Pound. 😢😥😴
Shannon
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Don
well I think the Real Truth About COVID-19 Is... Alchohol, the info and numbers all line up. AA has infiltrated the US Government. And Since I'm Getting into Recovery for Drugs and I'm No longer an Alcoholic, it's a conspiracy to keep me from using Alchohol to aid in my Drug Recovery. But ....
Shannon
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Shannon
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Don
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Luretta
what's are the features,merits and demerits of power
Emmanuela Reply
the most loyal supporters of democrats are
Paulina Reply
the intent to push polls is to
Ivan Reply
I cannot seem to find a clear answer to why the house is stronger than the senate, and every guess I make the check answer says is wrong.
girunit Reply
What is foreign policy
WONDERS Reply
What is government
WONDERS
What is a supreme court
WONDERS
Who is a solicitor
WONDERS
Three majors the National Liberation council adopted to transfer powers to the civilian government
Boateng
What is bureaucracy
WONDERS Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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