The Warren Court and the Democratic Constitution
eBook - ePub

The Warren Court and the Democratic Constitution

  1. 272 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

The Warren Court and the Democratic Constitution

About this book

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.

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Yes, you can access The Warren Court and the Democratic Constitution by Morton J. Horwitz in PDF and/or ePUB format, as well as other popular books in Storia & Storia nordamericana. We have over one million books available in our catalogue for you to explore.

Information

Table of contents

  1. Cover
  2. Title Page
  3. Copyright
  4. Dedication
  5. Contents
  6. Preface
  7. Acknowledgments
  8. 1. Earl Warren
  9. 2. Brown v. Board of Education
  10. 3. Standing Up to McCarthyism
  11. 4. Felix Frankfurter’s Lost Legacy, 1957–1962
  12. 5. The Reapportionment Cases
  13. 6. Civil Rights and the First Amendment
  14. 7. The Revolution in Criminal Justice
  15. 8. Citizenship, Capital Punishment, and Cruel and Unusual Punishment
  16. 9. The Sit-In Cases
  17. 10. Federalism
  18. 11. Democratic Culture
  19. Conclusion: The Jurisprudence of the Warren Court
  20. Afterword: The Legacy of the Warren Court
  21. Appendix 1. Earl Warren’s Appointment
  22. Appendix 2. Robert Jackson’s Concurring Opinion in Brown v. Board of Education
  23. Notes
  24. Index
  25. About the Author