The Warren Court: Constitutional Decision as an Instrument of Reform Archibald Cox

ISBN: 9780674947405

Published: January 1st 1968

Hardcover


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The Warren Court: Constitutional Decision as an Instrument of Reform  by  Archibald Cox

The Warren Court: Constitutional Decision as an Instrument of Reform by Archibald Cox
January 1st 1968 | Hardcover | PDF, EPUB, FB2, DjVu, AUDIO, mp3, ZIP | | ISBN: 9780674947405 | 5.65 Mb

The appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nations constitutional development. As Mr. Cox points out in his Preface, during the next fifteen years the Supreme Court rewrote,MoreThe appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nations constitutional development. As Mr. 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. Coxs 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 courts 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 truegenius of our institutions.



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