NCJ Number
47641
Date Published
1977
Length
29 pages
Annotation
THE 20-YEAR TENURE OF THE U.S. SUPREME COURT'S EARL WARREN IS REVIEWED REGARDING THE COURT'S ATTITUDES AND MOTIVATIONS IN THE AREA OF CITIZEN RIGHTS.
Abstract
THE WARREN COURT'S POLICYMAKING TENDED TOWARD THE CENTRALIZATION OR NATIONALIZATION OF POLITICAL PROBLEMS AND PROCESSES. THE NATIONALIZATION OF THE BILL OF RIGHTS, THE NATIONALIZATION OF THE ELECTORIAL PROCESS, AND THE NATIONALIZATION OF THE LEGAL STANDARDS FOR THE DETERMINATION OF OBSCENITY, WERE ALL REALIZED. WHAT DISTINGUISHED THE WARREN COURT WAS A VIGOROUS CONCERN FOR THE VALUE OF EQUALITY. THE DESEGREGATION CASES, THE REAPPORTIONMENT DECISIONS, THE CRIMINAL DEFENDANT'S RIGHTS CASES, ALL REMOVED FROM STATE POWER MATTER WHICH PREVIOUSLY HAD BEEN CONSIDERED TO BE PARTICULARLY WITHIN THE JURISDICTION OF THE STATES. THESE CASES PROCEEDED FROM A MILITANT EGALITARIANISM. MUCH THE SAME CAN BE SAID ABOUT THE ECONOMIC DISCRIMINATION CASES AND THE REAPPORTIONMENT DECISIONS. SIMILARLY, THE DECISIONS UNDER THE RELIGION CLAUSES OF THE FIRST AMENDMENT SOUGHT TO COMPEL EQUALITY. CERTAIN OF THE FREE EXERCISE DECISIONS MAY BE VIEWED AS RESTING ON THE SIMPLE PROPOSITION THAT NO PERSON MAY BE DISCRIMINATED AGAINST ON RELIGIOUS GROUNDS; THE SCHOOL PRAYER CASES IN PARTICULAR WERE BASED UPON THE PREMISE THAT THE FIRST AMENDMENT GUARANTEES NOT SIMPLY RELIGIOUS TOLERANCE BUT RATHER EQUALITY OF FREEDOM OF RELIGION. IN PURSUIT OF THESE EGALITARIAN VALUES, THE WARREN COURT INCREASINGLY CAME TO VIEW THE CONSTITUTION NOT SIMPLY AS A PROPHYLACTIC, LIMITING GOVERNMENT INJUSTICE AND DISCRIMINATION, BUT AS A MANDATE, REQUIRING POSITIVE STATE ACTION TO PREVEND DISCRIMINATION AND INJUSTICE. AS PART OF ITS EFFORTS TO CREATE A DOCTRINE OF AFFIRMATIVE STATE RESPONSIBILITY, THE WARREN COURT CAME VERY CLOSE TO ESTABLISHING THE PRINCIPLE THAT EVERY SOCIALLY PERCEIVED WRONG SHOULD HAVE A LEGAL REMEDY. PERHAPS NO OTHER FACET OF THE WARREN COURT'S POLICYMAKING SO CLEARLY ILLUSTRATED THE ADVANCES WHICH HAVE BEEN MADE IN ANGLO-AMERICAN JURISPRUDENCE AS DID THIS DEVELOPING PRINCIPLE OF AMERICAN LAW. IT IS SUGGESTED THAT THE WARREN COURT'S DECISIONS SHOWED A PROFOUND CONTEMPT FOR LEGISLATION AGENCIES OF GOVERNMENT. PERHAPS THE MOST IMPORTANT CHARACTERISTIC OF THE WARREN COURT'S DECISIONS WAS A GENERAL DISPARAGEMENT OF THE DEMOCRATIC PROCESS, ESPECIALLY AS REPRESENTED BY THE LEGISLATIVE PROCESS. THE COURT APPARENTLY HAD LITTLE OR NO CONFIDENCE THAT LEGISLATURES AND THE LEGISLATIVE PROCESS WOULD PRODUCE 'RIGHT' RESULTS. AN OVERVIEW OF WARREN COURT POLICYMAKING IS PRESENTED WITH REFERENCE TO THE ATTITUDES OF INDIVIDUAL JUSTICES AND WITH ATTENTION TO SPECIFIC LANDMARK CASES. NOTES ARE INCLUDED. (KBL)