The Warren, Burger,

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The Warren, Burger, Rehnquist Courts
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Warren Court Civil Rights

• Integration of schools ? equal opportunity for
  success, employment
• The Warren Court revealed itself as a liberal,
  activist court
• Liberal court for human, individual, civil
  rights
• Activist court the Supreme Court assumes
  responsibility for the racial status of public
  education in the nation
• Reject Jeffersonian Ideal government that
  governs least governs best
• The Warren court view States hinder the
  improvement of justice in America
• Brown ? therefore ? desegregation of the entire
  country
• The federal govt has finally started to enforce
  the 13th, 14th, and 15th Amendments

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(No Transcript)
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Attacks on the Warren Court

• The John Birch Society a far right wing
  organization
• Conducted an essay contest on Grounds for the
  Impeachment of Earl Warren 1961
• Congress Responds with the Civil Rights
  Acts1957, 1964, 1965

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Mapp v. Ohio (1961)

• Protected the accused against illegal search and
  seizure (4th Amendment)

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Gideon v. Wainwright (1963)

• Guaranteed the right to counsel in criminal
  procedure as required by the 6th amendment
• Impact public defender offices

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Miranda v. Arizona (1966)
Determined that individuals must be notified of
their protection against self-incrimination and
their right to counsel according to the 5th
amendment. Impact guidelines established for
custodial interrogations.
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Religion under the Warren Court Engel v. Vitale
(1962)

• Background Small, non-denominational prayer for
  school children in public schools Almighty God,
  we acknowledge our dependence upon Thee, and beg
  Thy blessings upon us, our teachers, and our
  country. Amen
• Court ruled Even under non-compelling
  conditions of the prayer, the prayer was
  unconstitutional as a religious activity by
  nature (therefore violating the 1st amendment).
  Does the prayer violate the First Amendment
  establishment of religion clause?
• Legal Impact The establishment clause of the
  First Amendment to the Constitution was used to
  eliminate different kinds of out-of-context
  religious activities
• Religion had, up to this point in history, been a
  part of public ceremony

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National Shift from Liberal to Conservative

• 1960s liberal - Civil Rights, President Andrew
  Johnsons Great Society, U.S. GNP up 31
• The Vietnam War The U.S. expected to win, but
  it was costly, long, brutal a failure
• U.S. focused on international affairs rather than
  domestic economic and racial problems ? anti-war
  movement
• The Nixon Presidency (1969-1974) the Watergate
  Scandal
• ? Trust in federal government diminished
• Economy of 1970s inflation, recession,
  unemployment, huge deficit in balance-of-payments,
  materialism and consumerism
• ? People hated excessive taxation and
  regulation
• Energy Crisis 1973-4 ? Distrust of a liberal,
  activist government the people of the U.S. wanted
  deregulation of economy by govt

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Burger Court

• Nixon appointed Warren Burger as Chief Justice in
  1969
• Nixon pledged to appointed a strict
  constructionist
• But became evident Burger wasnt going to reverse
  activist trend of Warren Court.
• Supported busing
• NYT v. U.S. (Pentagon Papers case)
• U.S. v. Nixon (Nixons tapes)
• Court invalidated then reinstated the death
  penalty
• And.

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Roe v. Wade (1973)

• Question before the Court Does the Constitution
  embrace the right of a woman to have an abortion?
• Decision 7 2 Yes, there is a right to privacy
  protected by the Fourteenth Amendment
• Gave women total autonomy during first trimester,
  but different state laws for second and third
  trimesters
• Affected legislation in 46 states

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Rehnquist Court

• Conservative
• Increasingly
• pro-life
• Sandra Day OConnor appointed

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Rehnquist Court Abortion

• Webster v. Reproductive Health Services (1989) 5
  4 decision
• Chief Justice Rehnquist majority decision
• Roe v. Wade was not explicitly overruled, but
  abortion restrictions were upheld
• Planned Parenthood v. Casey (1992) a
  re-examination of Roe
• Decision 5 4, upheld the validity of Roe ?
  Rehnquist dissents

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The 2000Election and the Rehnquist Court
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The Butterfly Ballot
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Bush v. Gore

• Question Did the Florida Supreme Court violate
  the Equal Protection and Due Process Clauses of
  the Constitution by allowing hand recounts
  without set standards?
• Decision (7 2 ruling)
• Recounts in Florida unconstitutional ? halted
• Procedure of recounting might not be the same for
  each county denied equal protection under the
  14th Amendment
• Significance of the decision
• The individual votes of the people need not be
  recounted, as the US does not conduct a direct
  election
• This part of the decision is going against the
  principle of one person, one vote established
  in Baker v. Carr (1962) of the Warren Court