Chapter

The Warren Court and Its Critics 1962–1969

in The Most Activist Supreme Court in History

Published by University of Chicago Press

Published in print October 2004 | ISBN: 9780226428840
Published online March 2013 | e-ISBN: 9780226428864 | DOI: http://dx.doi.org/10.7208/chicago/9780226428864.003.0004
The Warren Court and Its Critics 1962–1969

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During 1960, the Warren Court's abandonment of restraint in the reapportionment context was one of a dramatic series of doctrinal innovations expanding the scope of constitutional rights. Harlan's and Black's distinctive approaches to constitutional adjudication led each of them to support certain elements of the rights revolution, but they remained sharply critical of others, and they were, in fact, the leading dissenters during the heyday of the Warren Court. Harlan reiterated that the Due Process Clause was an independent guarantee of fundamental fairness, the content of which should be determined by reference to the nation's legal history and traditions. Black and especially Harlan rejected the Court's emerging egalitarianism, as it violated their fundamental conceptions of individualism and limited government.

Keywords: Warren Court; abandonment; constitutional rights; constitutional adjudication; Due Process Clause

Chapter.  14920 words. 

Subjects: US Politics

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