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The Warren Court and the Pursuit of Justice: A Critical Issue, by Morton J. Horwitz
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When Earl Warren was appointed Chief Justice of the Supreme Court in 1953, few Americans imagined that the noted Republican would become the remarkable leader of a Court now recognized as the greatest liberal Court of this century. Here distinguished legal historian Morton Horwitz considers the landmark cases that transformed American law in those postwar years.
- Sales Rank: #1958003 in Books
- Brand: Brand: Hill Wang Pub
- Published on: 1998-06
- Original language: English
- Number of items: 1
- Dimensions: 8.50" h x 6.00" w x .75" l,
- Binding: Hardcover
- 132 pages
- Used Book in Good Condition
Amazon.com Review
Morton Horwitz's The Warren Court and the Pursuit of Justice is a book for the layperson outlining the changes the Warren Court created in America's civil liberties jurisprudence. While the book is in no sense a polemic, Horwitz assumes the reader shares his view that what the Warren Court wrought was progress, and he criticizes the justices only when they failed to reach liberal results. Justice Byron White would have winced at the way Horwitz characterizes decisions and justices as being simply "liberal" or "conservative," and one could argue that such a politicization is a problem rather than a virtue. But ACLU members and casual students of American legal history will find the book a quick read that touches upon all of the substantial decisions in a critical period of the Supreme Court's life. --Ted Frank
From Kirkus Reviews
Less an introduction to the Warren Court than a paean to it. Harvard law professor Horwitz developed the material for this very short book through teaching an undergraduate course on the subject. The result has little to offer readers who are familiar with the constitutional struggles of the past few decades, but may be of some use for those needing a primer, especially high-school and college students with little knowledge of the law. Horwitz finds a common biographical thread among the liberals who dominated the Supreme Court in the 1950s and '60s: Warren, Black, Douglas, Brennan, Goldberg, Fortas, and Marshall all came from ``socially marginal'' backgrounds, by reason of poverty, religion, or race. Without being reductionist, he contends that this psychological factor made the Warren Court majority more eager than previous courts to extend constitutional protection to racial, religious, and political minorities, criminal defendants, and the poor. It was the Warren Court that ruled school desegregation unconstitutional, applied the Bill of Rights to state criminal cases, compelled the states to apportion their legislatures on a ``one-person, one-vote'' basis, made dissent less dangerous by adopting Holmes's ``clear and present danger'' test for political speech, discovered a constitutional right of privacy, made it virtually impossible to prosecute obscenity cases, greatly restricted libel actions, and found that welfare benefits were an entitlement rather than merely a privilege. However controversial these examples of judicial activism were (and still are), Horwitz's approval of them is almost uncritical. Although he provides sympathetic analyses of Justice Frankfurter's advocacy of judicial restraint and Justice Black's departure from his liberal brethren over the issue of civil disobedience, Horwitz has produced a very narrow account of the Warren era. (He also, unfortunately, repeats the canard that Eisenhower traded the promise of a Supreme Court appointment for Warren's support at the 1952 Republican Convention.) -- Copyright ©1998, Kirkus Associates, LP. All rights reserved.
Review
Brief as the book is, it tackles a number of subtle and complex issues. -- The New York Times, Linda Greenhouse
Most helpful customer reviews
0 of 0 people found the following review helpful.
Great
By Samuel Chase
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.
12 of 12 people found the following review helpful.
An Accessible and Concise Look at the Warren Court
By suzy murray
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.
6 of 7 people found the following review helpful.
Wonderful Book
By A Customer
I just took a class with Professor Horwitz of the same title here at Harvard, and this book clearly summarizes the major themes of the Warren Court. It is wonderfully written, moves very fast, but there are details given about this wonderful era of change.
The book centers on the Warren Court's view of substantive democracy as a central organizing principle for the many decisions. It espouses the ideal that while responding to times, the Court also had higher ideals and used these two together.
The book works through major case areas and is divided as such, looking first at the race relations and civil rights cases, then moving on to the response to McCarthyism with Free Speech, and views of Rights and Democracy. Each section builds on each other until Horwitz's great theme is revealed.
It really gives the reader a great understanding of the Court, and one can come out of it feeling great. It works well with the course and would work very well on its own too.
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