The Warren Court and the Democratic Constitution PDF Download

Author: Morton J. Horwitz
Publisher: Georgetown University Press
ISBN: 164712476X
Category : History
Languages : en
Pages : 0

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Author: John Denton Carter
Publisher: Pelican Publishing
ISBN: 9781455613861
Category : History
Languages : en
Pages : 192

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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.

Author: Mark V. Tushnet
Publisher: University of Virginia Press
ISBN: 9780813916651
Category : Biography & Autobiography
Languages : en
Pages : 244

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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.

Author: Neal Devins
Publisher: Oxford University Press, USA
ISBN: 0199916543
Category : Law
Languages : en
Pages : 369

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Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Author: Philip B. Kurland
Publisher:
ISBN: 9780226464077
Category : Political Science
Languages : en
Pages : 252

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Author: Morton J. Horwitz
Publisher: Macmillan
ISBN: 9780809016259
Category : Biography & Autobiography
Languages : en
Pages : 148

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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.

Author: Kermit L. Hall
Publisher: OUP USA
ISBN: 0195171721
Category : Law
Languages : en
Pages : 610

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Presents a collection of essays examining the American judiciary, including such topics as judicial review and interpretation, judicial activism, the judiciary and the political process, and selecting Supreme Court justices.

Author: Harry N. Scheiber
Publisher: Lexington Books
ISBN: 9780739116357
Category : Biography & Autobiography
Languages : en
Pages : 384

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Book Description
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.

Author: Richard Funston
Publisher: Schenkman Books
ISBN: 9780470990223
Category : Political Science
Languages : en
Pages : 428

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Author: Bernard Schwartz
Publisher: Doubleday Books
ISBN:
Category : Political Science
Languages : en
Pages : 320

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