The Supreme Court and Public Policy: The Supreme Court of the 1970s

The Warren Court and Judicial Activism.

As Richard Nixon ran for president in 1968, he promised the American people he would restructure the Supreme Court. Reflecting the attitudes of many conservatives, Nixon opposed the judicial activism of the Warren Court, which, since the 1954 Brown v. Board of Education decision, had used the court system to end racial discrimination in education, employment, and politics. The Warren Court also expanded the scope of individual liberties, especially the rights of the accused, and eliminated restrictions on free speech and publications. The Warren Court was dominated by liberals such as William O. Douglas, Abe Fortas, William Brennan, and Thurgood Marshall—men who believed in using their constitutional authority to expand civil liberties and redress social inequality. Nixon had a different perspective on the Court. He promised to appoint only "strict constructionists," men who...

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