Author :
Publisher :
Page : pages
File Size : 37,82 MB
Release : 1994
Category : Judges
ISBN :
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The Warren Court and the Democratic Constitution
Morton J. Horwitz
Author : Morton J. Horwitz
Publisher : Georgetown University Press
Page : 0 pages
File Size : 37,83 MB
Release : 2024-10-01
Category : History
ISBN : 9781647124755
A timely history of the profound impact of Earl Warren's Supreme Court on many areas of modern American government and society From 1953 to 1969, Earl Warren served as chief justice of the US Supreme Court. During that time, the Warren Court made a number of historically important decisions involving anti-miscegenation laws (Loving v. Virginia), the right to privacy (Griswold v. Connecticut), and, perhaps most important, racial segregation (Brown v. Board of Education). In The Warren Court and Democratic Constitution, Horwitz highlights the radical shift in traditional jurisprudential ideas that occurred during Earl Warren's tenure as chief justice. He details how Brown v. Board of Education exerted a powerful influence on the agenda of the Warren Court and reshaped almost every subject area in constitutional law. With this decision, the concept of a "living Constitution," the idea that the Constitution ought to develop to accommodate social change, emerged and was institutionalized by the Court. Brown inspired a more active reading of the Equal Protection Clause, and the Court soon applied this expanded notion of "equal protection" to legislative apportionment, recognized the rights of supposed "outsiders" (e.g., undocumented peoples and children born out of wedlock), and initiated a new era of legal attacks on gender discrimination. The Warren Court's jurisprudence is radically opposed to the current Supreme Court's emphasis on originalism, the approach of interpreting the Constitution according to its meaning at the time of writing. Readers interested in an alternative to originalism, as well as Supreme Court history and civil rights, will gain a deeper understanding of the profound impact of the Warren Court on many areas of modern American government and society.
Warren Court Supreme Court Decisions
Robert Dittmer
Author : Robert Dittmer
Publisher : Createspace Independent Publishing Platform
Page : 828 pages
File Size : 18,29 MB
Release : 2016-02-14
Category :
ISBN : 9781532966903
This is a collection of the major supreme court decisions of the Warren Court (1953-1969). Supreme court decisions are in the public domain and are freely available at such websites as supreme.justia.com and law.cornell.edu
The Constitution in the Supreme Court
David P. Currie
Author : David P. Currie
Publisher : University of Chicago Press
Page : 518 pages
File Size : 19,77 MB
Release : 1992-09
Category : Law
ISBN : 0226131092
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
The Most Activist Supreme Court in History
Thomas M. Keck
Author : Thomas M. Keck
Publisher : University of Chicago Press
Page : 394 pages
File Size : 26,66 MB
Release : 2010-02-15
Category : Political Science
ISBN : 0226428869
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Democracy and Equality
Geoffrey R. Stone
Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 24,38 MB
Release : 2020-01-06
Category : LAW
ISBN : 019093820X
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
Bernard Schwartz
Author : Bernard Schwartz
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 16,78 MB
Release : 1996
Category : Appellate courts
ISBN : 0195104390
Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr.
The Hollow Hope
Gerald N. Rosenberg
Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 28,86 MB
Release : 2008-09-15
Category : Political Science
ISBN : 0226726681
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
The Burger Court and the Rise of the Judicial Right
Michael J. Graetz
Author : Michael J. Graetz
Publisher : Simon and Schuster
Page : 480 pages
File Size : 43,57 MB
Release : 2017-06-06
Category : History
ISBN : 1476732515
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.
The Warren Court and American Politics
L. A. Scot Powe
Author : L. A. Scot Powe
Publisher : Belknap Press
Page : 608 pages
File Size : 16,86 MB
Release : 2000
Category : Biography & Autobiography
ISBN :
About the United States Supreme Court during Earl Warren's term as United States Chief Justice and its involvement in politics.