Posted: 30 Jan 2007 After introducing you to Earl Warren and the politics of the Warren Court, I'll take a brief look at the critical cases that helped make this court the second most extraordinary court in U.S. history—second only to the Marshall Court. uuid:eb5cb1e4-a693-11b2-0a00-782dad000000 Prior to the Warren Court a majority of the cases centered around building a foundation for property law. As Chief Justice, Warren applied his political abilities to guide the court to reaching often controversial decisions that dramatically expanded civil rights and liberties, as well as judicial power. Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. When Frankfurter retired in 1962 and President John F. Kennedy named labor union lawyer Arthur Goldberg to replace him, Warren finally had the fifth vote for his liberal majority. These camps housed more than 110,000 Japanese Americans who lived along the Pacific Coast. [15], Fallon says that, "Some thrilled to the approach of the Warren Court. Understanding the judicial restraint of the Warren Court also provides an opportunity to reconsider the proper role of moral values in our political debate. In a 1947 Fortune magazine article, Schlesinger organized sitting Supreme Court justices into two categories: proponents of judicial activism and proponents of judicial restraint. The plaintiff, Dred Scott, was an enslaved man in Missouri who sued his enslaver for freedom. Moreover, in one of the landmark cases decided by the Court, Griswold v. Connecticut (1965), the Warren Court affirmed a constitutionally protected right of privacy, emanating from the Due Process Clause of the Fourteenth Amendment, also known as substantive due process. Infoplease knows the value of having sources you can trust. Keenan D. Kmiec chronicled the evolution of the term in a 2004 issue of the California Law Review. Along with the Marshall Court of Chief Justice John Marshall from 1801 to 1835, the Warren Court is remembered as one of the two most impactful periods in American constitutional law. Yet this article points out another side of the Warren Court's jurisprudence - its restraint towards congressional power, especially when Congress used that power to protect the rights of minorities in our society. 1 0 obj Schwartz, Bernard. Despite his lack of judicial experience, his years in the Alameda County district attorney's office and as state attorney general gave him far more knowledge of the law in practice than most other members of the Court had. The court intervened in a state decision that affected the nation, taking an activist approach, even though it meant a conservative candidate—Bush—won the 2000 presidential election, proving that judicial activism is neither conservative nor liberal. The term judicial activism was coined by historian Arthur Schlesinger, Jr. in 1947. The Brown decision was a powerful moral statement. Tushnet suggests Warren's principles "were philosophical, political, and intuitive, not legal in the conventional technical sense. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. endobj Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until he retired in 1969. Judicial activism describes how a judge approaches or is perceived to approach exercising judicial review. That all changed with the Warren court's … The Warren Court: Its Impact and Importance, Top 5 Conservative Supreme Court Justices, Browder v. Gayle: Court Case, Arguments, Impact, The Difference Between Procedural Law and Substantive Law, The Original Jurisdiction of the US Supreme Court, Introduction to Judicial Activism: Opposing Viewpoints.


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