The Warren Court and American Politics

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

Bibliography

A Note on Primary Sources

The primary source for any discussion of the Supreme Court is the opinions of the Court found in the volumes of the United States Reports. The Warren Court handed down approximately 1, 750 opinions during its sixteen years, and they provide the data for understanding the Warren Court. These are found in fifty volumes of the United States Reports running from 346 U.S. to 395 U.S. The text of this book discusses about 15 percent of these cases. Several major areas—from tax to administrative law generally—constituting at least as large a percentage of the Court’s work as discussed in the text are omitted entirely even though these areas would also illustrate what highly successful litigants the various departments of the federal government were.

Statistics about voting behavior were taken from the United States Supreme Court Judicial Database, 1953–1992 (ICPSR study number 9422, Fifth ISCSR release, March 1994) for which Harold J. Spaeth was the principal investigator. These data can be obtained from the Inter-university Consortium for Political and Social Research, P.O. Box 1248, Ann Arbor, Michigan, 48106. Initial results were published by Jeffrey A. Segal and Harold J. Spaeth, “Decisional Trends of the Warren and Burger Courts,” 73 Judicature 103 (1989). Joseph L. Smith, then a Ph.D. candidate in the Department of Government at The University of Texas and now an assistant professor at Grand Valley State University, did the statistical work for me. Observant readers may notice that the rates of interagreement among pairs of justices are uniformly higher than those reported annually in the Harvard Law Review. The Review records two justices as having voted together only if they sign the same opinion. The analyses presented here count two justices as voting together if they agree on which party should prevail even if they do not sign the same opinion.

Briefs in the cases are available in depository libraries, like Tarlton Law Library at the University of Texas, or on microfiche, or, in some cases, in volumes 49–68 of Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law(Philip Kurland and Gerhard Casper, eds., 1975). Sometimes the briefs will show legal arguments avoided by the Court or facts that do not appear in the opinions. In the case of Brown v. Board of Education, for instance, they make quite clear that the NAACP was arguing for a race-neutral standard and in Loving v.

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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
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