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The Most Activist Supreme Court in HistoryThe Road to Modern Judicial Conservatism$
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Thomas M. Keck

Print publication date: 2004

Print ISBN-13: 9780226428840

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226428864.001.0001

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The Warren Court and Its Critics 1962–1969

The Warren Court and Its Critics 1962–1969

Chapter:
(p.67) Chapter Three The Warren Court and Its Critics 1962–1969
Source:
The Most Activist Supreme Court in History
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226428864.003.0004

During 1960, the Warren Court's abandonment of restraint in the reapportionment context was one of a dramatic series of doctrinal innovations expanding the scope of constitutional rights. Harlan's and Black's distinctive approaches to constitutional adjudication led each of them to support certain elements of the rights revolution, but they remained sharply critical of others, and they were, in fact, the leading dissenters during the heyday of the Warren Court. Harlan reiterated that the Due Process Clause was an independent guarantee of fundamental fairness, the content of which should be determined by reference to the nation's legal history and traditions. Black and especially Harlan rejected the Court's emerging egalitarianism, as it violated their fundamental conceptions of individualism and limited government.

Keywords:   Warren Court, abandonment, constitutional rights, constitutional adjudication, Due Process Clause

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