History 4321/Children’s Studies 401

The Warren Court

October 12, 2005


I. LBJ’s Domestic Agenda


            1. LBJ and Civil Rights (Civil Rights Act: provisions, political effects, collapse of civil rights coalition)


2. LBJ’s Ideological Agenda (New Deal; pragmatism; political concerns)


            3. LBJ’s Program (health insurance; AFDC; Title I)


II. Warren Court and Family Law


            1. Loving (Engel and its effects; Griswold and expansion of 14th amendment; Miranda and Court’s self-appointed role; Loving and its fallout)


            2. Redefining Gender Roles (civil rights and feminist movement; aftermath of Griswold; Nixon’s Philadelphia Plan; Griffiths and ERA; effect on family law—questioning gender roles, establishment Children’s Defense Fund; path to Redhail and new types of issues)


III. Warren Court and Youth Legal Rights


            1. Civil Liberties and the Path to in re Gault (Goldberg and creation of new Warren Court; Mapp and exclusionary rule; Miranda and political reaction; logic of in re Gault; crime as a political issue: impeach-Warren effort, Wallace campaign, strict constructionism)


            2. Anti-War Activism and the Path to Tinker (Warren Court and right to protest—civil rights cases; development of anti-war movement; role of students; rationale for Tinker; effects: Warren retirement—Thornberry nomination, elevation of Fortas; conservatives and Fortas—Warren Court on trial, ethical allegations; filibuster and Burger appointment)