Warren Court, Supreme Court, Transforming Society discussed on The Majority Report with Sam Seder


The Supreme Court thinking outside. Things always works In nineteen fifty four with Warrants FIRST YEAR ARRIVING COURT HANDS DOWN. Brown versus education and After that begins we slow but eventually fairly successful project of desegregating schools in the south and the same time. They are transforming many other areas of law. This is the period in which we got the Miranda decision. Which leads to tell you that you have the right to remain silent before the question. You we got giddying Wainwright wainwright which promised every poor criminal. Defendant the right to a lawyer. We got Decision striking down the poll tax. We got decisions striking down Force prayer in public schools so in many many areas. The Warren Court was Transforming Society for the better When you say activists I mean what made the Warren Court activists? Well the Warren Court was not afraid to strike down laws or to Issue orders to institutions when it's thought unconstitutional things going on so for example Striking down laws. We just didn't south segregating not just schools but you know Jim. Crow segregated every aspect of society. The court was willing to strike those laws down in the way that the court had not been before. But also you look at the decision like Gideon B wainwright guaranteeing every indigent defending the rights to aware. That's a huge thing with that is imposing on every jurisdiction in the country and affirmative obligation to come up with lawyers for people that was inexpensive ruling for every city and county and state in the country. The Warren Court wasn't afraid to do that when they thought it was a constitutional rate that had to be vindicated. And let's just I so there's really two different elements to activism in this context. One is A willingness to strike down laws and really in some ways act contrary to a Legislators legislative will based upon the Constitution. And then the other is to create mechanisms or requirements to protect constitutional rights. As in like you said in Gideon I think that's right exactly and these were thing that the court had done at some time in the past it it more often that the conservative direction In nineteen twenties court was being activists to strike down progressive legislation including laws against child labor. But here in the sixties Starting fifties mainly the sixties. We had a liberal quote was actually willing to do this activism on behalf of the most disadvantaged members of society. Okay and so.

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