The Warren Court and American Politics

by Lucas A. Powe Jr.

The Supreme Court under Chief Justice Earl Warren was the most revolutionary and controversial Supreme Court in American history. But in what sense? Challenging the reigning consensus that the Warren Court, fundamentally, was protecting minorities, Lucas A. Powe, Jr. revives the valuable tradition of looking at the Supreme Court in the wide political environment to find the Warren Court a functioning partner in Kennedy–Johnson liberalism. Thus the Court helped to impose national liberal-elite values on groups that were outliers to that the white South, rural America, and areas of Roman Catholic dominance. In a learned and lively narrative, Powe discusses over 200 significant the explosive Brown decision, which fundamentally challenged the Southern way of life; reapportionment (one person, one vote), which changed the political balance of American legislatures; the gradual elimination of anti-Communist domestic security programs; the reform of criminal procedures (Mapp, Gideon, Miranda); the ban on school-sponsored prayer; and a new law on pornography. Most of these decisions date from 1962, when those who shaped the dominant ideology of the Warren Court of storied fame gained a fifth secure liberal vote. The Justices of the majority were prominent individuals, brimming with confidence, willing to help shape a revolution and see if it would last.

Genres: History, Nonfiction

600 pages, Paperback

First published March 24, 2000

About the author

A leading legal historian and specialist on the Supreme Court, Lucas A. Powe Jr. is the Anne Green Regents Chair in Law at University of Texas at Austin.

Reviews

[Craig Werner · Rating 5 out of 5]

The best book by far I've read about the Supreme Court during the "Long Sixties." Powe delves deeply into the tension between legal reasoning and political/social contexts in shaping court decisions. Sketching the legal personalities of the justices who sat during Warren's years as Chief Justice, he shows convincingly that, especially, during the 62-68 sessions, the court was willing to ignore judicial precedents in order to make "good decisions." The Court radically transformed its own powers, introducing judicial reapportionment (in the interest of "one man one vote"), asserting the primacy of federal law over the states, and at times introducing new elements into the Constitutional tradition. I was particularly fascinated by his discussions of Justice Brennan's attempts to develop a coherent rationale for the court's progressive decision based on Justice Harlan Fiske Stone's Footnote Four outlining when the Court can and should intervene in the interests of protecting the electoral process and the rights of minorities; and of Justice Harlan's dissents to major Warren Court decisions, several of which, in the context of 2019, appear visionary despite (or because of?) the relatively conservative stance he took at the time.

I learned a ton from this book. The writing's dense and scholarly, but never unnecessarily obscure.

[Kaylyn · Rating 4 out of 5]

If you ever want to be able to flex on people with knowledge on the social and political impacts that the Warren Court had on America while also learning a little bit about the context of 1960's/1970's American history, boy is this book for you! I'm currently taking Powe's class on the Supreme Court and Public Policy and you can definitely hear his voice in his writing. He does have a more liberal leaning, and that shows in his analysis, so if you're looking for just the facts of the cases and unbiased history then this isn't for you. His passion and enthusiasm for the Court are simply unmatched, and I very much so enjoyed this book!

[B · Rating 3 out of 5]

Pro: These are probably the best capsule summaries of cases I have ever read. In no more than two pages, Powe gives you the facts the holding, and the reasoning of every concurrence and dissent. Boom! If I ever wanted to know what happened in a given Warren Court case and I had this book handy, I would turn to it.

Con: There's no real overarching theme to the book. It seems clear from the introduction and conclusion that Powe meant to show that the times and the existing power structures were at least in part causal agents on Warren Court jurisprudence, but (1) duh! (That's not as novel as seems to think.) and (2) it's not really here. Instead, it seems like he just picks at most cases for not being as good as they could have been. The most consistent theme is that the Warren Court was most committed to making its political views into law, but he could and should have hit that harder.

[Leo · Rating 5 out of 5]

This is an excellent book for anyone who wants to understand the political undercurrents of one of the most changing times in American legal history. Powe (a former clerk for Justice Douglas) separates the Warren Court into its distinctive eras of influence.

[Nick Marquez · Rating 5 out of 5]

i love this court. i love (most) of these justices. i love this book. the Warren Court is my Roman Empire.

[Britt · Rating 5 out of 5]

I feel like I read this book twice: (1) reading it, and (2) listening to Professor Powe lecture on it in class. Recommend for anyone with an interest in a historical legal narrative of the Warren Court. Five out of five stars.