The context of judicial activism : the endurance of the Warren Court legacy in a conservative age / Frederick P. Lewis.

Format:

Book

Author/Creator:

Lewis, Frederick P.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Political questions and judicial power--United States.

Political questions and judicial power.

Warren, Earl, 1891-1974.

Warren, Earl.

Physical Description:

141 pages ; 24 cm

Place of Publication:

Lanham, Md. : Rowman & Littlefield, [1999]

Summary:

In this book, Frederick Lewis examines the legacy of the Warren Court, analyzing why the court's activism survived largely intact despite the efforts of four Republican presidents over a 20-year period to replace activist federal judges with jurists committed to judicial restraint. Lewis persuasively argues that the doctrinal innovations of the 1950s, '60s, and '70s were the product of fundamental changes in American society, changes which Reagan and the other conservative presidents had no power to reverse. These social, demographic, economic, and political changes produced a political influential constituency for judicial activism. Lewis discusses events such as the economic and political awakening of a large and growing non-white population; the entry of women into the workforce; an increase in the number and influence of fringe religious sects; the sexual revolution; and industrialization, as well as many other significant social and political phenomena that took place during these decades. The Context of Judicial Activism will be a valuable resource for students and scholars of twentieth century constitutional history and the judicial process.

Contents:

Chapter 1 Judicial Activism 5

Chapter 2 The Success of Warren Court Activism 25

Chapter 3 The Question of the Legitimacy of Judicial Activism 55

Chapter 4 The Activism of Affirmative Remedies 73

Chapter 5 The Tradition of Creative Constitutional Development 89

Chapter 6 The Changing Nature of American Pluralism 105

Chapter 7 The Durability of the Warren Court Legacy 125.

Notes:

Includes bibliographical references (pages [133]-138) and index.

ISBN:

0847689913

0847689921

OCLC:

38828103