| Line 170: |
Line 170: |
| | '''Debate: Do you think criminal suspects are entitled to these new rights?''' | | '''Debate: Do you think criminal suspects are entitled to these new rights?''' |
| | | | |
| − | The greatest damage done by the Warren Court was probably its decision banning official school prayer in public school, which had existed for hundreds of years. The Lord's Prayer was being said daily in New Jersey public schools, for example, which many students' grandparents might recall. In ''Engel v. Vitale'' (1962), the Warren Court prohibited this and public schools have been declining ever since, and some consider this decision to have been the worst since the ''Dred Scott'' case. | + | The greatest damage done by the Warren Court was probably its decision banning official school prayer in public school, which had existed for hundreds of years. The Lord's Prayer was being said daily in New Jersey public schools, for example, which many students' grandparents might recall. In ''Engel v. Vitale'' (1962), the Warren Court prohibited this and public schools have been declining ever since; some consider this decision to have been the worst since the ''Dred Scott'' case just before the Civil War. |
| | | | |
| − | Less well known, but also influential, were the deceptively named "one man, one vote" decisions by the Warren Court, which interfered with the structure of state legislatures. Since the ratification of the Constitution, States had their own legislatures that were modeled after Congress, with one chamber or body based on population (like the House), and the other based on geography (like the Senate). This worked well for over 150 years. But the Warren Court decided it did not like that structure, even though Congress uses it. In ''Baker v. Carr'' (1962) and ''Reynolds v. Sims'' (1964) was a United States Supreme Court case that ruled that state legislature districts had to be equal in population, and natural geographic lines caused by rivers or district lines had to be ignored in order to create legislative districts equal in population. The Warren Court held that ''both'' state legislatures and all legislative districts must be based purely on population, which it expected would have a liberal effect by giving cities greater influence. The result is difficult-to-understand and ever-changing district boundaries (due to population shifts) that render most citizens unaware of who their representatives really are. The Warren Court could not change the structure of Congress because it is expressly established by the U.S. Constitution. | + | Less well known, but also influential, were the deceptively named "one man, one vote" decisions by the Warren Court, which interfered with the structure of state legislatures. Since the ratification of the Constitution, States had their own legislatures that were modeled after Congress, with one chamber or body based on population (like the House), and the other based on geography (like the Senate). This worked well for over 150 years. But the Warren Court decided it did not like that structure, even though Congress uses it. In ''Baker v. Carr'' (1962) and ''Reynolds v. Sims'' (1964), the United States Supreme Court ruled that state legislative districts must be redrawn to be equal in population, and natural geographic lines caused by rivers or county lines should be ignored in order to draw legislative districts equal in population. The Warren Court held that ''both'' state legislatures and all their legislative districts must be based on equal populations of voters, which it expected would have a liberal effect by giving cities greater influence. The result is difficult-to-understand and ever-changing district boundaries (due to population shifts) that render most citizens unaware of who their representatives really are. The Warren Court could not change the structure of Congress because it is expressly established by the U.S. Constitution. |
| | | | |
| − | The Warren Court established a precedent that the government may take private property from one person and give it to another, which had not previously been allowed under the doctrine of eminent domain, which previously allowed only the taking of private property for public use, such as building a road or government building. This decision was ''[[Berman v. Parker]]'' (1954) and it approved the taking of many privately owned homes in D.C. in order to convert the property into a new development of stores. | + | The Warren Court was "activist" in additional ways. It established a precedent that the government may take private property from one person and give it to another, which had previously never been allowed under the doctrine of eminent domain. Before this ruling, eminent domain was limited to the taking of private property for public use, such as building a road or government building. This decision was ''[[Berman v. Parker]]'' (1954) and it approved the taking of many privately owned homes in D.C. in order to convert the property into a new development of stores. |
| | | | |
| − | The Warren Court invalidated many state and local laws the protected society against the evil of pornography and its terrible emotional and mental effects on those victimized by it, and addicted to it. The harm caused by pornography to the mind lasts for a long time afterward, and causes many horrible crimes in society. Pornography had been illegal, but in the late 1960s the Warren Court declared it to be "free speech" protected by the First Amendment, even though the First Amendment was never intended to protect such harmful images. | + | The Warren Court invalidated many state and local laws that protected society against the evil of pornography and its terrible emotional and mental effects on those victimized by it, and addicted to it. The harm caused by pornography to the mind lasts for a long time afterward, and causes many horrible crimes in society. Pornography had been illegal, but in the late 1960s the Warren Court declared it to be "free speech" protected by the First Amendment, even though the First Amendment was never intended to protect such harmful images. Between 1966 and 1970, the Warren Court rendered 34 unsigned decisions (which is unusual) in favor of pornographers, overturning laws and lower court decisions. |
| | | | |
| | Other decisions of the Warren Court, such as its ruling on segregated schools and invention of a new "right to privacy," are discussed in other sections of this course. | | Other decisions of the Warren Court, such as its ruling on segregated schools and invention of a new "right to privacy," are discussed in other sections of this course. |