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Democracy and Equality: The Enduring Constitutional Vision of the Warren Court

by Geoffrey R. Stone

A case-by-case defense of the Warren Court’s constitutional legacy

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Hardcover New English

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AlbakiReads Editorial

A case-by-case defense of the Warren Court’s constitutional legacy

Covering the Supreme Court under Chief Justice Earl Warren from 1953 to 1969, this constitutional-law study examines decisions on racial segregation, interracial marriage, criticism of public officials, school prayer, and the right to counsel for defendants unable to pay. Organized around individual landmark cases, it supplies the historical and legal background, outlines the Court’s reasoning, and considers the judiciary’s role in protecting democracy and equality. The book explicitly argues against conservative charges of judicial overreach, presenting the Warren Court’s interpretive approach as consistent with core constitutional values and contrasting it with the direction of later, more conservative Courts.

Good fit for readers who enjoy

  • Students and general readers of U.S. constitutional law
  • Readers interested in the Warren Court and landmark Supreme Court decisions
  • Those examining debates over judicial power, democracy, and equality

Themes

Constitutional interpretationSupreme Court jurisprudenceCivil rights and equalityJudicial authorityDemocracy

Based on publisher information and book metadata.

Book overview

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation.

As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities.

This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
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