CONSTITUTIONAL COUNTERREVOLUTION? THE WARREN COURT AND THE BURGER COURT - JUDICIAL POLICY MAKING IN MODERN AMERICA

• NCJ Number: 47637
• Author(s): R Y FUNSTON
• Date Published: 1977
• Length: 412 pages
• Corporate Author: John Wiley and Sons
• Sale Source: John Wiley and Sons
• Language: English
• Country: United States of America

Annotation

A DISCUSSION IS PRESENTED OF VARIOUS ASPECTS OF CONSTITUTIONAL DECISIONMAKING BY THE SUPREME COURT, SPECIFICALLY UNDER THE STEWARDSHIP OF CHIEF JUSTICES WARREN AND BURGER.

Abstract

THE FOCUS OF THIS VOLUME IS ON THE SUPREME COURT'S EFFORTS IN THE AREAS OF RACE RELATIONS, LEGISLATIVE APPORTIONMENT, PORNOGRAPHY, RELIGION, AND CRIMINAL DEFENDANTS' RIGHTS. IT IS NOTED THAT WHAT WAS BEGUN AS A CRITIQUE OF THE WARREN COURT BECAME A STUDY OF THE CONTINUITIES AND DISCONTINUITIES IN THE DECISIONMAKING OF BOTH THE WARREN AND BURGER COURTS. BECAUSE IT IS IMPRACTICAL TO CANVASS THE FULL SPECTRUM OF COURT DECISIONMAKING IN A SINGLE VOLUME, THE FOCUS FELL OPON THE COURT'S EFFORTS IN THE AREAS OF RACE RELATIONS, LEGISLATIVE REAPPORTIONMENT, AND CRIMINAL DEFENDANTS' RIGHTS, THESE BEING THE MOST IMPORTANT ASPECTS OF THE COURT'S WORK AS DECREED BY JUSTICE WARREN HIMSELF. BECAUSE WARREN HAD INDICATED THAT IT HAD PRESENTED THE MOST INTRACTABLE PROBLEMS WHILE HE WAS CHIEF JUSTICE, THE OBSCENITY LITIGATION WAS CHOSEN AS AN EXAMPLE OF THE COURT'S FIRST AMENDMENT INTERPRETATION. ADDITIONALLY, THE SECTION DEVOTED TO THE PROBLEM OF THE RETROACTIVE EFFECT OF A CONSTITUTIONAL DECISION WAS INCLUDED BECAUSE OF THE SUBJECT'S ASSOCIATION WITH THE CRIMINAL DEFENDANTS' RIGHTS RULINGS. THE SECTION ADDRESSING THE ISSUES OF THE APPROPRIATE RELATIONSHIP BETWEEN CHURCH AND STATE WAS ADDED BECAUSE OF THE PUBLIC FUROR WHICH MANY OF THE COURT'S HOLDINGS IN THIS AREA ELICITED. DECISIONS OF BOTH THE WARREN AND BURGER COURTS ARE COMPARED AND CONTRASTED IN AN EFFORT TO POINT OUT THE COMPLEXITY OF THE ISSUES COMMON TO SUPREME COURT CASES AND TO SHOW THAT ABSOLUTE PRINCIPLES HAVE A WAY OF COLLIDING WITH OTHER, PERHAPS LATTER DAY ABSOLUTES. BY WAY OF SUMMARY, THE WARREN COURT IS DISCUSSED IN RETROSPECT AND THE BURGER COURT IS CONSIDERED FROM A FORWARD LOOKING PERSPECTIVE. A BIBLIOGRAPHY AND TABLE OF CASES ARE PROVIDED. BOTH A SUBJECT INDEX AND AN INDEX OF NAMES ARE INCLUDED. FOR SELECTED READINGS, SEE NCJ 47638-47642. (KBL)