1. Liberalism vs. Conservatism
Liberals
Conservatives
Against the Death Penalty
For the Death Penalty
For Abortion Rights
Against Abortion Rights
For Gun Control
Against Gun Control
Against Gay Marriage
For Gay Marriage
Against Stem Cell Research
For Stem Cell Research

2. Aim: Did the Warren Court make liberal or conservative decisions?

3. I. The Warren Court ( )

4. Chief Justice Earl Warren
Activist Judge
Appointed by President Eisenhower
Cases usually expanded the rights of individuals in our society

5. Brown v. Board of Education of Topeka, Kansas (1954)
Issue: Civil rights, Segregation of Public Schools
Decision: “…separate is inherently unequal”
School segregation violates African Americans of their 14th Amendment right of “equal protection of the laws”
Impact: Public Schools were forced to integrate “with all deliberate speed”

6. Impact of the Brown decision

7. A. Mapp v. Ohio (1961)
Facts:
Dorlee Mapp was suspected of having information in her home that would implicate a suspected bomber
The police came to search, had no warrant, and were asked to leave.
They returned and forcibly entered the home
They showed her a piece of paper, she tucked it in her bra, was knocked to the ground, and the police took the “warrant” back
Searching the home, the police found pornography. Mapp was arrested and convicted for possession of lewd materials.

8. Issue: Was the search in violation of her 4th Amendment protection against “unreasonable searches and seizures”?
Decision:
Mapp won the case
The evidence obtained to convict her was inadmissible in her case because it was obtained through an illegal search
The “exclusionary rule” which makes illegally obtained evidence inadmissible in court was established

9. B. Gideon v. Wainright (1963)
Facts:
Gideon was accused of breaking into a poolroom.
He was too poor to afford a lawyer
The state of Florida refused to grant him one because he did not commit a capital offense
He was tried, forced to represent himself, and convicted of the crime

10. Issue: Did the court deny Gideon his 6th Amendment “right to counsel”?
Decision:
Gideon won the case
The Court ruled that all citizens are entitled to a government-appointed lawyer in any criminal felony case

11. C. Miranda v. Arizona (1966)
Facts:
Ernesto Miranda was arrested for kidnapping and rape of a 16-year-old girl
Upon arrest Miranda was questioned for 2 hours and eventually confessed to the crime
He sued the state, claiming it denied him his Constitutional protection against self-incrimination

12. Issue: Did the state of Arizona violate Miranda’s 5th Amendment protection against “self-incrimination”?
Decision:
The Court ruled that criminals must be informed of their rights BEFORE questioning.
The “exclusionary rule” applies to all statements obtained prior to a suspect being read his or her rights

13. The card all police must carry at all times

14. D. Engle v. Vitale (1962) Facts:
In the late 1950’s the NY State Board of Regents wrote and adopted a school prayer.
The board recommended that the prayer be said by students in public schools on a voluntary basis every morning
A New Hyde Park parent sued the school claiming that the prayer violated the First Amendment protection of Freedom of Religion

15. Issue: Did the School violate the First Amendment rights of the students?
Decision: Prayer in public school was to be considered unconstitutional.

16. E. Tinker v. Des Moines (1969)
Facts:
Several students and parents in Des Moines organized a protest of the Vietnam War
Students were to wear black armbands to school in protest
The school warned the students that they would be suspended if they did this
The Tinker children wore the armbands, were suspended, and sued the school

17. Issue: Did the school violate the students’ First Amendment protection of Free Speech?
Decision:
The Court ruled that the school violated the First Amendment (symbolic speech)
“students do not shed their Constitutional rights at the school house gates”- Warren

18. Should the Supreme Court make public policy?
Judicial Activism:
the belief that is the role of judges to make bold policy decisions and possibly even chart new constitutional ground. 
Judicial Restraint:
the belief that the courts should leave policy decisions to the legislative and executive branches. 
Advocates of this view argue that the federal courts, composed of unelected judges, are the least democratic branch of government, and that judges should not get involved in political questions or conflicts between the other two branches.
Executive Branch
President
Judicial Branch
Supreme Court
Legislative Branch
Congress