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== Judicial Activism ==

== Judicial Activism ==

The "Warren Court" (the Supreme Court when its Chief Justice was Earl Warren) lasted 16 years, from 1953 to 1969, and became known for its liberal "judicial activism."  It banned school prayer (''Engel v. Vitale''). It established expansive new rights from criminal defendants, such as the "Miranda warning" ("you have the right to remain silent ....") and the exclusionary rule (evidence seized improperly cannot be used against a defendant in court. <more>

The "Warren Court" (the Supreme Court when its Chief Justice was Earl Warren) lasted 16 years, from 1953 to 1969, and became known for its liberal "judicial activism."  It banned school prayer (''Engel v. Vitale'').   established expansive new rights from criminal defendants, such as the "Miranda warning" ("you have the right to remain silent ...."), the exclusionary rule (evidence seized improperly cannot be used against a defendant in court, and the right of most criminal defendants in state court to have an attorney provided for them at taxpayer expense.<ref>There is no right to a court-appointed attorney to defend against petty crimes and misdemeanors, such as traffic tickets.</ref> The Miranda Court also ordered states to require roughly equal populations in state legislative districts.  In general, the Miranda Court declared new "rights" to exist in the Constitution that are not expressly there, under a view that the meaning of the Constitution is "evolving" rather than fixed at the time it was written.

Republican presidential candidates successfully campaigned against "judicial activism" by the U.S. Supreme Court, and many agree that some of its decisions -- particularly banning school prayer -- were extremely hurtful to the United States.

Republican presidential candidates successfully campaigned against "judicial activism" by the U.S. Supreme Court, and many agree that some of its decisions -- particularly banning school prayer -- were extremely hurtful to the United States.