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Morton J. Horwitz

The Warren Court and the Pursuit of Justice (Hill and Wang Critical Issues) Paperback – April 30, 1999

by Morton Horwitz (Author)

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The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics.

The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.

Print length

150 pages
Language

English
Publication date

April 30, 1999
Dimensions

5.5 x 0.38 x 8.25 inches
ISBN-10

0809016257
ISBN-13

978-0809016259
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Editorial Reviews

Review

"The men who made up the Warren Court changed America forever. Morton Horwitz has written the best accessible general history of how they did it."--Eben Moglin, Columbia Law School

"In this modest and very moving book, Morton Horwitz summarizes the achievements of the Supreme Court under Earl Warren. . . . He provides a clear and compact account of the Warren Court and its legacy, bringing an engaged sympathy but also sharp analysis and critical distance. The Court helped irrevocably to alter the practical meanings of freedom, equality, and democracy in America. This is a story of momentous decisions, and Horwitz tells it simply and well."--Robert W. Gordon, Johnston Professor of Law and History, Yale University

[An] elegant extended essay. . . . [Horwitz's] effort is not only to tell what happened during an exceptionally fruitful sixteen-year period, but to infuse those events with meaning for readers who come to them with neither basic facts nor historical context readily at hand. The effort succeeds to a notable degree."--Linda Greenhouse, The New York Times

About the Author

Morton J. Horwitz, Charles Warren Professor of American History and Law at the Harvard Law School, is the author of the two-volume Transformation of American Law. He lives in Cambridge, Massachusetts.

Product details

Publisher ‏ : ‎ Hill and Wang (April 30, 1999)
Language ‏ : ‎ English
Paperback ‏ : ‎ 150 pages
ISBN-10 ‏ : ‎ 0809016257
ISBN-13 ‏ : ‎ 978-0809016259
Item Weight ‏ : ‎ 6.4 ounces
Dimensions ‏ : ‎ 5.5 x 0.38 x 8.25 inches

Best Sellers Rank: #1,117,596 in Books (See Top 100 in Books)
- #492 in Courts & Law
- #1,086 in Lawyer & Judge Biographies
- #1,241 in Legal History (Books)

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13 ratings

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Samuel Chase

Great

Reviewed in the United States on November 18, 2008

Verified Purchase

A great introduction to the Warren Court. If you are looking research this era of the Supreme Court,this is surely the book to start at.

One person found this helpful

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David Litsey

It was a an excellent, short version of the intrigues of the time ...

Reviewed in the United States on June 3, 2015

Verified Purchase

It was a an excellent, short version of the intrigues of the time - Brown v Board of Education, One man, one vote, McCarthy, and the courage that it took to see them through.

One person found this helpful

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not me

Honoring Our Best Traditions

Reviewed in the United States on February 19, 2006

Throughout most of its history, the Supreme Court has been been dominated by the forces of private property and white privilege. The Court has tortured the plain language of the Constitution to accommodate Southern apartheid, to disenfranchise minorities, and to tolerate the repression of labor unions and socialists. Progressives who look to the Court to enlarge American democracy ignore the history of the institution. Instead, they seek inspiration from the anomalous Warren Court of the 1950s and '60s. This book explains why.

"The Warren Court and the Pursuit of Justice" is a gem of popular legal history. It tells the story of how the Warren Court breathed life into the Constitution by ending school segregation, expanding freedom of speech, constitutionalizing state criminal justice systems, and requiring states to draw electoral districts on the principle of one man/one vote. Horwitz writes clearly and economically, and packs a great deal of legal, historical, and biographical material into a small space. His focus is not on technical legal doctrine. Instead, he aims to situate the Warren Court within the political and social history of the era, in the process offering the reader mini-essays on topics such as the civil rights movement and McCarthyism. His hero is William Brennan. His book is a total success.

For honoring our best democratic traditions, the Warren Court was vilified by racists, McCarthyites, and Richard Nixon. As Horwitz observes, "Impeach Earl Warren" signs blossomed in the states of the Old Confederacy. This was telling. Conservatives may hate to admit it, but modern conservative court-bashing predates Roe v. Wade by many years. Its social and political roots can be traced to the massive extralegal resistance to desegregation in the South. To the extent a Court can be judged by its enemies, the Warren Court was on the side of the angels.

That was long ago. The politics of the Supreme Court have undergone a seachange since the time of Earl Warren. No one should be surprised if the new Roberts Court pushes a conservative agenda that strengthens Presidents and prosecutors, while disempowering consumers, workers, and minorities. All the while, progressives will wring their hands and act as if the Court is betraying its traditions. In reality, it will be reverting to norm. Much will depend on who wins the White House and the Senate in 2008, for, as Horwtiz demonstrates, the bottomline is politics.

9 people found this helpful

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suzy murray

An Accessible and Concise Look at the Warren Court

Reviewed in the United States on September 24, 1999

Professor Horowitz provides a very accessible accounting of the Warren Court's impact on America and American jurisprudence. For those with legal training, this short history puts all the doctrines learned in law school-the void for vagueness application to the First Amendment, the Carolene Products Footnote Four analysis-into a tidy, compact context. For the non-lawyer, Horowitz avoids the legalese and shows how the Warren Court rulings affected the course of American events. Horowitz examines the court's impact in several areas: civil rights, democractic principles of governance, free speech, and the incorporation doctrine as applied to criminal procedure. Horowitz truly has admiration for his subject, but that admiration is not unqualified, and he takes the court to task for buckling under McCarthyism and for not standing up for its First Amendment principles, although Horowitz clearly blames one justice, Justice Frankfurter, for the court's reluctance to take on McCarthy. An excellent summary of the Warren Court, its decisions, and the justices who together made up its collective personality.

13 people found this helpful

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Shawna Ralls

Three Stars

Reviewed in the United States on November 2, 2014

Interesting book on the judicial court and how it came about for todays laws.

Helpful