The Warren Court: Constitutional Decision as an Instrument of Reform

Archibald Cox

Published by Harvard University Press 1968

The Warren Court

Constitutional Decision as an Instrument of Reform

Archibald Cox

https://doi.org/10.4159/harvard.9780674284951

Overview
Contents

About this book

The appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nation’s constitutional development. As Archibald Cox points out in his Preface, during the next fifteen years the Supreme Court rewrote, with profound social consequences, major constitutional doctrines governing race relations, the administration of criminal justice, and the operation of the political process. The extent and the rapidity of these changes raise grave questions concerning the nature and function of constitutional adjudication and the proper role of the Supreme Court in the national life. In these lectures, originally given in somewhat shorter form in Honolulu in the summer of 1967 under the joint auspices of Harvard Law School and the University of Hawaii, Mr. Cox describes the main lines of constitutional development under the Warren Court. He analyzes the underlying pressures involved and the long-range institutional consequences in terms of the distribution of governmental power. The central theme of Mr. Cox’s book is embodied in his examination of the American paradox that invests the judicial branch with the responsibility of deciding “according to law” our most pressing and divisive social, economic, and political questions. Although not uncritical of the grounds on which several of the court’s crucial decisions have been reached, Mr. Cox comes to the conclusion that the trend of the rulings has been “in keeping with the mainstream of American history—a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire, and in the long run essentially pragmatic—in short, in keeping with the true genius of our institutions.”

Author information

Cox Archibald :

Archibald Cox, Jr., (May 12, 1912–May 29, 2004) was an American lawyer who served as U.S. Solicitor General under President John F. Kennedy, and later became best known as the first special prosecutor for the Watergate scandal.

Topics

Frontmatter Publicly Available Download PDF	i
Preface Requires Authentication Unlicensed Licensed Download PDF	v
Contents Publicly Available Download PDF	vii
1. The Basic Dilemma Requires Authentication Unlicensed Licensed Download PDF	1
2. Civil Rights: Judicial Innovation Requires Authentication Unlicensed Licensed Download PDF	24
3. Civil Rights: Legislative Power Requires Authentication Unlicensed Licensed Download PDF	51
4. The Reform of Criminal Procedure Requires Authentication Unlicensed Licensed Download PDF	71
5. Political Democracy: Speech and Association Requires Authentication Unlicensed Licensed Download PDF	92
6 Political Democracy: Voting Rights and Legislative Reapportionment Requires Authentication Unlicensed Licensed Download PDF	114
Notes Requires Authentication Unlicensed Licensed Download PDF	135
Index Requires Authentication Unlicensed Licensed Download PDF	141
Harvard Paperbacks Requires Authentication Unlicensed Licensed Download PDF	145

(Deutsch)

Language: English
Publisher: Harvard University Press
Copyright year: 1968
Edition: Reprint 2013
Audience: Professional and scholarly;
Pages
- Front matter: 6
- Main content: 144
Keywords: United States. Supreme Court.; POLITICAL SCIENCE / General

eBook

Published: October 1, 2013
ISBN: 9780674284951

Hardcover

Published: February 5, 1968
ISBN: 9780674284937