Question

why Supreme Court is now as the protect fundamental

Answer 1

The Supreme Court is not the custodian of fundamental rights, rather it is the branch of government that claims the right to decide what the law is, at least at the federal level. In the case of Marbury v. Madison, 1803, Chief Justice John Marshall stated that “It is emphatically the province and duty of the Judicial Department [the judicial branch] to say what the law is,” thereby claiming the Supreme Court’s right to be the final arbiter whether a law passed by Congress is constitutional. We may concede that the U S Supreme Court became the custodian of fundamental rights by virtue of this power to declare a law unconstitutional. Note that this statement by Chief Justice Marshall was, in effect, a power grab, since the U S Constitution makes the three branches of government equal to each other.