Warren Court in the context of "McCarthyism"

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👉 Warren Court in the context of McCarthyism

McCarthyism is a political practice defined by the political repression and persecution of left-wing individuals and a campaign spreading fear of communist and Soviet influence on American institutions and of Soviet espionage in the United States during the late 1940s through the 1950s, heavily associated with the Second Red Scare, also known as the McCarthy era. After the mid-1950s, U.S. senator Joseph McCarthy, who had spearheaded the campaign, gradually lost his public popularity and credibility after several of his accusations were found to be false. The U.S. Supreme Court under Chief Justice Earl Warren made a series of rulings on civil and political rights that overturned several key laws and legislative directives, and helped bring an end to the Second Red Scare.

Historians have suggested since the 1980s that as McCarthy's involvement was less central than that of others, a different and more accurate term should be used instead that more accurately conveys the breadth of the phenomenon, and that the term McCarthyism is, in the modern day, outdated. Ellen Schrecker has suggested that Hooverism, after FBI head J. Edgar Hoover, is more appropriate. Following the end of the Cold War, unearthed documents revealed substantial Soviet spy activity in the United States, although many of the agents were never properly identified by McCarthy.

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Warren Court in the context of Interracial marriage in the United States

Interracial marriage has been legal throughout the United States since at least the 1967 U.S. Supreme Court (Warren Court) decision Loving v. Virginia (1967) that held that anti-miscegenation laws were unconstitutional via the 14th Amendment adopted in 1868. Chief Justice Earl Warren wrote in the court opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State." Interracial marriages have been formally protected by federal statute through the Respect for Marriage Act since 2022.

Historical opposition to interracial marriage was frequently based on religious principles. Many Southern evangelical Christians saw racial segregation, including in marriage, as something divinely instituted from God. They held that legal recognition of interracial couples would violate biblical teaching and hence their religious liberty. Roman Catholic theology, on the other hand, articulated strong opposition to any state-sanctioned segregation on the grounds that segregation violated human dignity. Since Loving, states have repealed their defunct bans, the last of which was Alabama in a 2000 referendum.

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Warren Court in the context of Robert Bork Supreme Court nomination

On July 1, 1987, President Ronald Reagan nominated Judge Robert Bork for Associate Justice of the Supreme Court of the United States, to succeed Lewis F. Powell Jr., who had earlier announced his retirement. At the time of his nomination, Bork was a judge on the United States Court of Appeals for the District of Columbia Circuit, a position to which he had been appointed by President Reagan in 1982.

Bork's nomination precipitated contentious debate. Opposition to his nomination centered on his perceived willingness to roll back the civil rights rulings of the Warren and Burger courts, and his role in the Saturday Night Massacre during the Watergate scandal. On October 23, 1987, the United States Senate rejected Robert Bork's nomination to the Supreme Court by a roll-call vote of 42–58. This is the most recent Supreme Court nomination to be rejected by vote of the Senate.

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Warren Court in the context of United States constitutional criminal procedure

The United States Constitution contains several provisions regarding the law of criminal procedure.

Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, Seventh and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments.

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Warren Court in the context of Warren E. Burger

Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986.

Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court.

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