On The Influence Of Public Opinion On The Human Rights Protection Of The United States Supreme Court During The War On Terror(2001-2008)

After the outbreak of the 91 1 event,President Bush adopted a series of counter-terrorism policies,including authorizing the military to identify American citizens and non-American citizens suspected of terrorists as enemy combatants,detaining them indefinitely,and prohibiting them from accessing lawyers and receiving a fair trial in civil courts.In the face of such actions of the government,the US Supreme Court,which should safeguard civil rights in accordance with the US Constitution and human rights in accordance with relevant international laws,did not immediately respond to the appeals of relevant Appellants at the beginning of the war on terror.The study of this phenomenon will help us to improve our understanding of the Supreme Court.This thesis is divided into four parts.The first part briefly discusses the unique value of public opinion in historical research and the particularity of public opinion in the United States.This thesis holds that the role and orientation of American mass media are conducive to expanding the influence of public opinion.American political system and democratic system require paying attention to public opinion,and American autonomy tradition and practical needs require giving public opinion special significance.It also discusses the relationship between the Supreme Court and public opinion,which is both isolated and connected.The second part mainly analyzes the ways in which public opinion can have an impact on the Supreme Court.There are three main ways:establishing channels of mutual understanding for both sides through mass media and polling institutions;Through interest groups,influence the judicial trend of the Supreme Court in the form of constructing cases,submitting amicus curiae to the Supreme Court,influencing the nomination of new justices and lobbying legal comments;And convey specific ideas to the Supreme Court through the "Amicus Curiae"system.The third part,taking the Guantanamo series cases during the war on terror as the research object,focuses on the changes in the attitude of the Supreme Court on the demands made by enemy combatants and detainees,as well as the changes in social public opinion as the background,and believes that there is a correlation between the two.From the fact that the relevant cases have not been accepted,to the full respect for the two branches of power when handling disputes,to the judgment that the administrative branch is unconstitutional,and finally to the judgment that both the Congress and the president supported by Congress are unconstitutional,it can be seen that the Supreme Court had experienced a significant attitude shift in the adjudication process of a series of cases.By focusing on analyzing relevant materials before and after the attitude change,this paper demonstrates the performance and reasons of public opinion affecting the Supreme Court.The fourth part discusses the reasons why public opinion can affect the Supreme Court.Including the individual factor as the premise,that is,the justice’s attitude change theory;Institutional factors determined by the relative weak position of the Supreme Court and its responsibilities;And the mechanism factors that public opinion influences the Supreme Court’s decision results by influencing swing Justices.