Selective Incorporation apgoPo Excerpt of the text of the Fourteenth Amendment


The Warren Court and the Heyday of Selective Incorporation



Download 30.43 Kb.
Page4/11
Date21.05.2021
Size30.43 Kb.
1   2   3   4   5   6   7   8   9   10   11
The Warren Court and the Heyday of Selective Incorporation

In 1953, President Eisenhower nominated Earl Warren to be chief justice of the Supreme Court. Warren’s term, which lasted until 1969, was one of the most important in the history of the Court. The Warren Court handed down several landmark cases that almost completely incorporated the first eight amendments into the due process clause of the Fourteenth Amendment.

In Engel v. Vitale (1962), the Court declared that state-sponsored prayer in public schools violates the establishment of religion clause of the First Amendment. The case effectively ended prayer in public schools that was written or led by school officials. A year later, in Abbington School District v. Schempp (1963), the Court ruled that officially sanctioned Bible reading in public schools violates the establishment clause. These cases began the process of disentangling state governments from religious activities and laid the foundation for the “Lemon Test” articulated by the Court in 1971.

The Warren Court also affected a revolution in criminal procedure at the state level. The Court expanded the rights of suspects under the Fourth, Fifth, and Sixth Amendments, and applied those rights to the states. Mapp v. Ohio (1961) applied the “exclusionary rule” to the states, preventing illegally obtained evidence from being admitted at trial. In Gideon v. Wainwright (1963), the Court ordered states to provide counsel, at state expense, to indigent defendants in felony cases. This ruling forced states to retry or release thousands of inmates in state custody who had been convicted without benefit of counsel. Miranda v. Arizona (1966), arguably the most sweeping of the Warren Court decisions, held that the police must notify suspects of their rights before interrogation. Writing for the Court in Miranda, Warren stated:

At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that [he] has the right to remain silent . . . that anything said can and will be used against the individual in court . . . that he has the right to consult with a lawyer and to have the lawyer with him during interrogation . . . [and] that if he is indigent, a lawyer will be appointed to represent him.

Mapp, Gideon, and Miranda are the most famous of the Warren Court’s cases concerning criminal procedure, but they barely scratch the surface of the Court’s activity in this area. Between 1961 and 1969 the Court incorporated 11 provisions of the Fourth, Fifth, and Sixth amendments. Benton v. Maryland (1969), decided on the last day of Warren’s tenure on the Court, incorporated the protection against double jeopardy. In the years after Chief Justice Warren’s retirement, the Court has incorporated only one other provision of the Bill of Rights.12


Directory: cms -> lib2 -> TX01001591 -> Centricity -> Domain -> 29885
Domain -> Dramatic shift in American Society which spawned numerous changes to the status quo, though in some cases this idealistic outpouring of principles was tempered
Domain -> In 2004, some 180 married couples in Beijing, China, stood before a picture of their country’s ancient sage, Confucius, and took an oath, pledging fidelity to each other and promising never to divorce
Domain -> Week of: September 8-12, 2014 Teacher: Kindred Team: U. S. History
Domain -> Project: the trial of andrew jackson
29885 -> LBriones First Amendment apgoPo
29885 -> Ap government & Politics Spring 2015
29885 -> Congressional activity worksheet Presidential activity worksheet The following specific items
29885 -> Policy Vocab & Statutes apg economic & Regulatory Policy: Public policy


Share with your friends:
1   2   3   4   5   6   7   8   9   10   11




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page