The Warren Court and American Politics

Author: L. A. Scot Powe

Publisher: Harvard University Press

ISBN: 0674042344

Category: Law

Page: 566

View: 8834

In learned and lively narrative, Powe discusses over 200 significant rulings of the Supreme Court under Chief Justice Earl Warren, especially the explosive "Brown" decision, which fundamentally challenged the Southern way of life. 13 halftones.

The Warren Court in Historical and Political Perspective

Author: Mark V. Tushnet

Publisher: University of Virginia Press

ISBN: 9780813916651

Category: Biography & Autobiography

Page: 220

View: 1236

The tenure of Earl Warren as chief justice of the United States Supreme Court (1953-69) was marked by a series of decisions unique in the history of the Court for the progressive agenda they bespoke. What made the Warren Court special? How can students of history and political science understand the Warren Court as part of constitutional history and politics? To answer such questions, nine well-known legal scholars and historians explore how each justice contributed to the distinctiveness of the Warren Court in Supreme Court history.

The Warren Court and the Pursuit of Justice

Author: Morton J. Horwitz

Publisher: Macmillan

ISBN: 9780809016259

Category: Biography & Autobiography

Page: 132

View: 1666

The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics. The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.

(Dis)entitling the poor

the Warren Court, welfare rights, and the American political tradition

Author: Elizabeth Bussiere

Publisher: Pennsylvania State Univ Pr

ISBN: N.A

Category: Law

Page: 210

View: 3175

A critique of the Warren Court's rulings on welfare in the context of twentieth-century politics.In 1989 the Supreme Court ruled that the State of Wisconsin was not liable for the brutal beating of a young boy by his father, who had been investigated by the Department of Social Services. Chief Justice William Rehnquist's majority opinion rejected the claim of the boy's mother that her son had been deprived of his constitutional "right to life." Taking this case as her point of departure, Elizabeth Bussiere observes that the idea of a constitutional right to life was first rejected not by the conservative Rehnquist Court but by the liberal Warren Court twenty years earlier. She investigates why the Warren Court, despite its many rulings "entitling" the poor to constitutional protections, refused to identify welfare benefits (or subsistence) as a constitutional right.Although focused on the Warren Court, the book explores Western political thought from the seventeenth through late twentieth centuries, draws on American social history from the Age of Jackson through the civil rights era of the 1960s, and utilizes current analytic methods, particularly the "new institutionalism." Finding cultural arguments regarding the absence of constitutional welfare rights inadequate, Bussiere illuminates two long-standing traditions -- natural law and maternalism -- that tended to support the poor's subsistence needs. The key to the failure of constitutional welfare rig

The Supreme Court Under Earl Warren, 1953-1969

Author: Michal R. Belknap,Earl Warren

Publisher: Univ of South Carolina Press

ISBN: 9781570035630

Category: Law

Page: 406

View: 1381

"In 1954 Warren and his colleagues struck down school segregation as unconstitutional. They then participated in a broad campaign to win equal rights for African Americans. While it cautiously dismantled McCarthy-era infringements on civil liberties, the Warren Court boldly expanded freedom of expression in other areas. Frankly using constitutional law as a tool to promote political and social reform, the Warren Court revolutionized criminal procedure and mandated an end to the malapportionment of state legislatures and other representative institutions. It both invented and constitutionally guaranteed individuals' rights to privacy with respect to sexual matters. Its rulings did much to advance the agenda of the liberal reformers who dominated American politics during the 1960s. But these rulings also angered many Americans, who accused the Warren Court of running God out of the public schools, handcuffing the police, and flooding the country with smut.".

The Warren Court

Justices, Rulings, and Legacy

Author: Melvin I. Urofsky

Publisher: ABC-CLIO

ISBN: 157607160X

Category: Biography & Autobiography

Page: 356

View: 3418

Explores the era, justices, key events, and decisions in landmark Supreme Court cases under Chief Justice Earl Warren.

America's Lone Star Constitution

How Supreme Court Cases from Texas Shape the Nation

Author: Lucas A. Powe Jr.

Publisher: Univ of California Press

ISBN: 0520970012

Category: Law

Page: 320

View: 2180

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

The Supreme Court and American Democracy

Case Studies on Judicial Review and Public Policy

Author: Earl E. Pollock

Publisher: ABC-CLIO

ISBN: 0313365253

Category: Law

Page: 419

View: 5043

Topically arranged casebook of U.S. Supreme Court decisions with extensive commentary dissects the Court's decisions on current "hot-button" national policy issues.

Chief Justice

A Biography of Earl Warren

Author: Ed Cray

Publisher: Simon and Schuster

ISBN: 0684808528

Category: Biography & Autobiography

Page: 603

View: 1649

Traces the life and career of the former Chief Justice of the Supreme Court, including his role as head of the Warren Commission, and assesses his impact on American society

A History of the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 7093

A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

On Democracy's Doorstep: The Inside Story of How the Supreme Court Brought "One Person, One Vote" to the United States

Author: J. Douglas Smith

Publisher: Hill and Wang

ISBN: 0374712085

Category: Political Science

Page: 384

View: 7291

Winner of the Henry Adams Prize from the Society for History in the Federal Government A Washington Post Notable Work of Nonfiction A Slate Best Book of 2014 The inside story of the Supreme Court decisions that brought true democracy to the United States As chief justice of the U.S. Supreme Court, Earl Warren is most often remembered for landmark rulings in favor of desegregation and the rights of the accused. But Warren himself identified a lesser known group of cases—Baker v. Carr, Reynolds v. Sims, and their companions—as his most important work. J. Douglas Smith's On Democracy's Doorstep masterfully recounts the tumultuous and often overlooked events that established the principle of "one person, one vote" in the United States. Before the Warren Court acted, American democracy was in poor order. As citizens migrated to urban areas, legislative boundaries remained the same, giving rural lawmakers from sparsely populated districts disproportionate political power—a power they often used on behalf of influential business interests. Smith shows how activists ranging from city boosters in Tennessee to the League of Women Voters worked to end malapportionment, incurring the wrath of chambers of commerce and southern segregationists as they did so. Despite a conspiracy of legislative inaction and a 1946 Supreme Court decision that instructed the judiciary not to enter the "political thicket," advocates did not lose hope. As Smith shows, they skillfully used the Fourteenth Amendment's Equal Protection Clause to argue for radical judicial intervention. Smith vividly depicts the unfolding drama as Attorney General Robert F. Kennedy pressed for change, Solicitor General Archibald Cox cautiously held back, young clerks pushed the justices toward ever-bolder reform, and the powerful Senate Minority Leader Everett Dirksen obsessively sought to reverse the judicial revolution that had upended state governments from California to Virginia. Today, following the Court's recent controversial decisions on voting rights and campaign finance, the battles described in On Democracy's Doorstep have increasing relevance. With erudition and verve, Smith illuminates this neglected episode of American political history and confronts its profound consequences.

The United States Supreme Court

The Pursuit of Justice

Author: Christopher L. Tomlins

Publisher: Houghton Mifflin Harcourt

ISBN: 9780618329694

Category: Law

Page: 578

View: 8702

A senior research fellow at the American Bar Foundation and the editor of Law and History Review offers an authoritative history of the Supreme Court, presenting eighteen essays by the nation's most renowned legal historians.

The Supreme Court and the American Elite, 1789-2008

Author: Lucas A. Powe, Jr.

Publisher: Harvard University Press

ISBN: 0674054423

Category: History

Page: 432

View: 3192

In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

Originalism in American Law and Politics

A Constitutional History

Author: Johnathan O'Neill,Professor Johnathan O'Neill

Publisher: JHU Press

ISBN: 9780801881114

Category: History

Page: 281

View: 5101

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

The Myth of the Imperial Judiciary

Why the Right is Wrong about the Courts

Author: Mark Kozlowski

Publisher: NYU Press

ISBN: 0814749291

Category: Law

Page: 293

View: 7483

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Judiciary and American Democracy, The

Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional Theory

Author: Kenneth D. Ward

Publisher: SUNY Press

ISBN: 9780791482773

Category: Law

Page: 204

View: 9279

Examines recent debates in constitutional theory in light of the work of Alexander Bickel.

Earl Warren and the Warren Court

The Legacy in American and Foreign Law

Author: Harry N. Scheiber

Publisher: Lexington Books

ISBN: 9780739116357

Category: Law

Page: 368

View: 5192

Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice."