Warren Court The So-Called Warren Essay

Carolene Products). The Warren Court's doctrine certainly moved aggressively in these general directions: its aggressive reading of the first eight amendments in the Bill of Rights (as "incorporated" against the states by the Fourteenth Amendment); its commitment to unblocking the channels of political change ("one-man, one-vote"), and its vigorous protection of the rights of racial minority groups. (Ely). In general, there were eight legal areas in which the Warren Court made significant decisions that changed American society:

Racial Segregation -- Declared segregation in schools unconstitutional in Brown v. Board of Education of Topeka.

Voting rights -- Insisted that any changes in reallocation of voting districts follows due process and is a Federal issue in Baker v. Carr.

Criminal Procedure -- Greater scrutiny with defendant's rights and due process in Brady v. Maryland.

Free Speech -- Established malice standard which has to be met prior to press or other writings to be considered libel in New York Times Co. v. Sullivan.

The Establishment Clause -- Bans prayer from public schools in Engel v. Vitale.

The Free Exercise Clause -- Requires greater burden on government and issues of hiring/firing based on religion in Sherbert v. Verner.

Right to Privacy -- Established that the Constitution protects privacy, in this case regarding contraception, in Griswold v. Connecticut.

Cruel and...

...

California.
Works Cited

Baker v. Carr. No. 369 U.S. 186. U.S. Supreme. 26 March 1962.

Brady v. Maryland. No. 373 U.S. 83. U.S. Supreme Court. 13 May 1963.

Brown v. Board of Education of Topeka. No. 347 U.S. 483. U.S. Supreme Court. 17 may 1954.

Ely, John H. Democracy and Distruct: A Theory of Judicial Review. Harvard University Press, 1980.

Engel v. Vitale. No. 370 U.S. 421. U.S. Supreme. 25 June 1962.

Griswold v. Connecticut. No. 381 U.S. 479. U.S. Supreme. 7 June 1965.

Horwitz, M. The Warren Court and the Pursuit of Justice. New York: Hill and Wang, 1999.

New York Times Co. v. Sullivan. No. 376 U.S. 254. U.S. Supreme. 9 March 1964.

Robinson v. California. No. 370 U.S. 660. U.S. Supreme. 25 June 1962.

Schwartz, B. The Warren Court: A Retrpspective. New York: Oxford University Press, 1996.

Sherbert v. Verner. No. 374 U.S. 398. U.S. Supreme. 17 June 1963.

Sunstein, Cass. "Justice Breyer's Democratic Pragmatism." 1719-115-2006. The Yale Law Journal. .

United States v. Carolene Products. No. 304 U.S. 144. U.S. Supreme Court. 25 April 1938.

For the purposes of this essay, only one case is listed as an example of each controversial issue.

Sources Used in Documents:

Works Cited

Baker v. Carr. No. 369 U.S. 186. U.S. Supreme. 26 March 1962.

Brady v. Maryland. No. 373 U.S. 83. U.S. Supreme Court. 13 May 1963.

Brown v. Board of Education of Topeka. No. 347 U.S. 483. U.S. Supreme Court. 17 may 1954.

Ely, John H. Democracy and Distruct: A Theory of Judicial Review. Harvard University Press, 1980.
Sunstein, Cass. "Justice Breyer's Democratic Pragmatism." 1719-115-2006. The Yale Law Journal. <http://www.yalelawjournal.org/pdf/115-7/Sunstein.pdf>.


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