Democracy and Equality
Democracy and Equality

Author: Geoffrey R. Stone

Publisher: Oxford University Press, USA

Published: 2020-01-06

Total Pages: 241

ISBN-13: 019093820X

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From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

The Warren Court
The Warren Court

Author: Melvin I. Urofsky

Publisher: Bloomsbury Publishing USA

Published: 2001-03-06

Total Pages: 374

ISBN-13: 1576075931

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A survey and analysis of the historical context, key figures, and lasting legacy of the Warren Court. Earl Warren served as chief justice of the U.S. Supreme Court from 1953 until the end of the tumultuous 1960s. This book shows why conservative critics still view this court as out of control and leftist, while its liberal fans still cheer what they view as the court's progressive activism. Among this court's contributions to American life are the rights accorded to the accused in Miranda v. Arizona, the limits it placed on school prayer, and the abolition of school segregation in Brown v. Board of Education. To understand such basic American principles as equal protection, freedom of speech, freedom of the press, freedom of religion, separation of church and state, the rights of the accused, and the right to privacy, every citizen should understand the Warren Court.

The Burger Court and the Rise of the Judicial Right
The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz

Publisher: Simon and Schuster

Published: 2017-06-06

Total Pages: 480

ISBN-13: 1476732515

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The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

Swann's Way
Swann's Way

Author: Bernard Schwartz

Publisher: Oxford University Press, USA

Published: 1986

Total Pages: 264

ISBN-13:

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Never has the give-and-take between Supreme Court Justices in an important case been described in such detail. This behind-the-scenes account traces the Swann v. Charlotte-Mecklenburg Board of Education case from its origins in Charlotte, North Carolina, to the decision announced by Chief Justice Warren Burger in a packed Supreme Court Chamber.

The Warren Court and the Constitution
The Warren Court and the Constitution

Author: John Denton Carter

Publisher: Pelican Publishing

Published: 1973-01-31

Total Pages: 192

ISBN-13: 9781455613861

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The U.S. Supreme Court under Chief Justice Earl Warren attempted to transfer the balance of American political power from elected representatives to a coalition of restless, ambitious power-seekers on the liberal-left, charges author John Denton Carter. The Warren Court and the Constitution: A Critical View of Judicial Activism contends that the appointment of Warren as chief justice in 1953 launched the Supreme Court on a 16-year orgy of unprecedented judicial activism. While the author focuses his fire primarily upon Warren, the rubbery character and flexible principal that distinguished many members of the Warren Court also come under close scrutiny. Carter, who holds a doctorate in history from the University of California at Berkeley, writes that, under Warren, the Court was quickly transformed from an impartial forum of justice into a body of Constitutional anarchists. He argues that the liberal-left coalition focused its efforts on capturing the Supreme Court because it was unable to work its will sufficiently through the Congress and the Presidency. The author, who collaborated on the seven-volume History of the Army Air Forces in World War II, also contends that the only practical method of reforming the Court today is to pack it with conservatives, a procedure, he says, for which there is ample precedent. He warns that because the human thirst for power is insatiable, it is certain that this unlawful extension of the judicial authority will continue and become increasingly menacing to stable government and public order unless the court is contained and forced to return to its prescribed duties under the Constitution.

The Supreme Court and Public School Desegregation from the Warren Court Through the Rehnquist Court
The Supreme Court and Public School Desegregation from the Warren Court Through the Rehnquist Court

Author: Kenneth D. Martin

Publisher:

Published: 1998

Total Pages: 0

ISBN-13:

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This thesis examines the existence of activism versus restraint in the Warren, Burger, and Rehnquist Courts in the area of school desegregation, through comparing the contents of the decisions handed down by these respective judicial bodies. The cases that were utilized in this study were specifically chosen because they were the outstanding school desegregation cases of the times. The issue under examination was to consider if the substance of the various Supreme Court rulings issued by the three Courts reflected the spirit of the remedial objectives of the Warren Court, which originated from the 1954-55 Brown v. Board of Education of Topeka, Kansas decisions. The criteria utilized by the Rehnquist Court in determining whether federal remedial supervision should be relaxed were considered. Additionally, the study demonstrated that an evolutionary progression from that of Court interventionism to local school district accommodation emerged as evidenced by successive Court litigation.