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Democracy and Equality - The Enduring Constitutional Vision of the Warren Court (Hardcover)
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Democracy and Equality - The Enduring Constitutional Vision of the Warren Court (Hardcover)
Series: Inalienable Rights
Expected to ship within 10 - 15 working days
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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 describer 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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