What impact did the Warren Court have upon American Society?

Answer 1

The Warren Court (1953-1969), named for its Chief Justice, Earl Warren, played a significant role in the advancement of both civil rights and individual liberties due to Warren's "strict scrutiny" of the Constitution through a filter of egalitarian ethical principles. Part of the Court's strength lay in the number of progressive justices the Court inherited from Franklin Roosevelt's administration, and part in the leadership skills of Warren himself.

The Warren Court was considered the epitome of "judicial activism," a term often used as a pejorative to describe justices whose interpretation of the Constitution and case decisions go beyond the intentions of Congress and the Founding Fathers, overturn accepted precedents, and result in new common law. Most people associate "activism" with liberalism, which is a fair assessment of Earl Warren's jurisprudence, but conservatives can also be activist, as the current Roberts Court clearly demonstrates. Both ends of the spectrum seek to affect social policy, sometimes beyond the scope of their delegated authority. Progressive justices typically attempt to enhance the rights and protections of individuals, while conservative justices tend to favor government and corporate rights over human rights.

Many landmark decisions from this era could be considered both activist and anti-majoritarian (against popular sentiment), to the dismay of the public and politicians alike. The progressive justices were remarkable in their consensus about applying the Bill of Rights to the States via the Fourteenth Amendment Due Process Clause, an action that eventually stripped Southern states of their ability to enforce Jim Crow laws and other discriminatory policies against African-Americans, women, and other social minorities.

Today, the Warren Court is remembered not only for supporting civil rights, but for expanding constitutional protection for the accused (by ensuring criminal procedure adhered to the Fourth, Fifth and Sixth Amendments), broadening the voter rights, equalizing political representation, protecting freedom of speech, and drawing a firmer line between church and state via the First Amendment Establishment Clause.