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The Warren Court Constitutional Decision As An Instrument Of Reform
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Download or read book The Warren Court written by Archibald Cox and published by Cambridge : Harvard University Press. This book was released on 1968 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the main lines of constitutional development under the Supreme Court since the appointment of Earl Warren as Chief Justice in 1953.
Book Synopsis The Warren Court and the Constitution by : John Denton Carter
Download or read book The Warren Court and the Constitution written by John Denton Carter and published by Pelican Publishing. This book was released on 1973-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Counterrevolution? by : Richard Funston
Download or read book Constitutional Counterrevolution? written by Richard Funston and published by Schenkman Books. This book was released on 1977 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Warren Court in Historical and Political Perspective by : Mark V. Tushnet
Download or read book The Warren Court in Historical and Political Perspective written by Mark V. Tushnet and published by University of Virginia Press. This book was released on 1993 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Warren Court written by Archibald Cox and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nation's constitutional development. As Archibald Cox points out in his Preface, during the next fifteen years the Supreme Court rewrote, with profound social consequences, major constitutional doctrines governing race relations, the administration of criminal justice, and the operation of the political process. The extent and the rapidity of these changes raise grave questions concerning the nature and function of constitutional adjudication and the proper role of the Supreme Court in the national life. In these lectures, originally given in somewhat shorter form in Honolulu in the summer of 1967 under the joint auspices of Harvard Law School and the University of Hawaii, Mr. Cox describes the main lines of constitutional development under the Warren Court. He analyzes the underlying pressures involved and the long-range institutional consequences in terms of the distribution of governmental power. The central theme of Mr. Cox's book is embodied in his examination of the American paradox that invests the judicial branch with the responsibility of deciding "according to law" our most pressing and divisive social, economic, and political questions. Although not uncritical of the grounds on which several of the court's crucial decisions have been reached, Mr. Cox comes to the conclusion that the trend of the rulings has been "in keeping with the mainstream of American history-a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire, and in the long run essentially pragmatic-in short, in keeping with the true genius of our institutions."
Book Synopsis Democracy and Equality by : Geoffrey R. Stone
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Book Synopsis The Warren Court and the Pursuit of Justice by : Morton J. Horwitz
Download or read book The Warren Court and the Pursuit of Justice written by Morton J. Horwitz and published by Macmillan. This book was released on 1999-04-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.
Book Synopsis The Supreme Court and Constitutional Theory, 1953-1993 by : Ronald Kahn
Download or read book The Supreme Court and Constitutional Theory, 1953-1993 written by Ronald Kahn and published by . This book was released on 1994 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining theoretical sophistication with a fundamental comprehension of the political institutions of the USA, this study aims to demystify the workings of the United States Supreme Court and its place in democracy.
Book Synopsis The Supreme Court Under Earl Warren, 1953-1969 by : Michal R. Belknap
Download or read book The Supreme Court Under Earl Warren, 1953-1969 written by Michal R. Belknap and published by Univ of South Carolina Press. This book was released on 2005 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court under Earl Warren, 1953-1969, Michal Belknap recounts the eventful history of the Warren Court. Chief Justice Earl Warren's sixteen years on the bench were among the most dramatic, productive, and controversial in the history of the Supreme Court. Warren's tenure saw the Court render decisions that are still hotly debated today. Its rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression.
Book Synopsis The Warren Court in Historical and Political Perspective by : Mark V. Tushnet
Download or read book The Warren Court in Historical and Political Perspective written by Mark V. Tushnet and published by University of Virginia Press. This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights, Labor Rights, and International Trade by : Lance A. Compa
Download or read book Human Rights, Labor Rights, and International Trade written by Lance A. Compa and published by University of Pennsylvania Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents:.
Book Synopsis The Dynamics of the EU Integration and the Impact on the National Constitutional Law by : Paola Bilancia
Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court in American Society by : Kermit L. Hall
Download or read book The Supreme Court in American Society written by Kermit L. Hall and published by Taylor & Francis. This book was released on 2001 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Detained written by Michael Welch and published by Temple University Press. This book was released on 2002 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Details how American immigration law and policy have increasingly relied on incarceration, locking up thousands of immigrants not because they pose any real danger, but as a collective expression of moral panic and hostility toward perceived outsiders." David Cole [back cover].
Book Synopsis Earl Warren and the Struggle for Justice by : Paul Moke
Download or read book Earl Warren and the Struggle for Justice written by Paul Moke and published by Lexington Books. This book was released on 2015-10-08 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earl Warren and the Strugglefor Justice explores the remarkable life of one of the leading public figures and jurists of twentieth century America. Based on newly available source materials, it traces Warren’s progressive vision of government from its origins in the fight against urban corruption in Oakland, California during the 1930s to its culmination in the effort to professionalize public school administration, law enforcement, and the management of the electoral process under the auspices of the U.S. Constitution. Although Warren’s major social justice decisions strengthened democracy at a crucial juncture in American and world history, in times of crisis his excessive deference to national security officials sometimes jeopardized other core human rights, as shown in his approaches to the Japanese internment and the investigation into the assassination of President John Kennedy. The book offers accessible and fresh insights into the dynamics of the Supreme Court and the accomplishments of Earl Warren, the man, jurist, and political leader.
