The Warren Court and American Politics

By Lucas A. Powe Jr. | Go to book overview

chapter 8
The Transition

Stalemate as a description of the Court’s work for 1958–1962 applies best to civil rights. The Court would not retreat but could not go forward. The domestic-security cases are better described as retreat. The congressional debates and votes in the summer of 1958 convinced Frankfurter that the Court could not sustain itself against such intense opposition and led him to join the more conservative justices to create an impregnable five-vote bloc. In other areas, however, the Court did not face such an actively hostile and organized opposition, and in these areas the Court began to chart new courses. The leaders were the four liberals— Warren, Black, Douglas, and Brennan—and they typically found one or another of the remaining five justices to go along with them. Thus in 1961 and 1962, the Court decided cases in church-state relations, criminal procedure, and voting rights that were striking new initiatives, true harbingers of the future, that at a minimum canceled out the domestic-security retreat. For the first time since the 1956 Term, and only the second time since Warren joined the Court, governments lost over half their public-law cases before the Court. In each area, the eventual opposition was caught by surprise and needed some time to organize, and indeed was not able to do so prior to the changes in the Court’s personnel in 1962.

In two other areas the Court continued what it had been doing. In antitrust, the Justice Department could not lose. And in the first gender discrimination case of the era, the justices saw no problems, just as they had not a decade before.


Gender Discrimination

Gwendolyn Hoyt was in an unhappy marriage with an unfaithful air force officer. After her final attempt at reconciliation was spurned, she

-179-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Warren Court and American Politics
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Illustrations ix
  • Preface xi
  • Chapter 1 - The Supreme Court, 1935–1953 1
  • I Beginnings the 1953–1956 Jerms 19
  • Chapter 2 - Brown 27
  • Chapter 3 - Implementation 50
  • Chapter 4 - Domestic Security 75
  • Chapter 5 - Glimpses of the Future 104
  • II Stalemate the 1957–1961 Jerms 125
  • Chapter 6 - Domestic Security after Red Monday 135
  • Chapter 7 - Little Rock and Civil Rights 157
  • Chapter 8 - The Transition 179
  • III History's Warren Court the 1962–1968 Terms 207
  • Chapter 9 - To the Civil Rights Act 217
  • Chapter 10 - Revamping the Democratic Process 239
  • Chapter 11 - After the Civil Rights Act 272
  • Chapter 12 - Freedom of Expression 303
  • Chapter 13 - The End of Obscenity? 336
  • Chapter 14 - Church and State in a Pluralist Society 358
  • Chapter 15 - Policing the Police 379
  • Chapter 16 - Policing the Criminal Justice System 412
  • Chapter 17 - Wealth and Poverty 445
  • IV the Era Ends 463
  • Chapter 18 - The Last Year 467
  • Chapter 19 - What Was the Warren Court? 485
  • Chronology 503
  • Notes 511
  • Bibliography 533
  • Index of Cases 539
  • General Index 549
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 566

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.