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{{Infobox Chief Justice
{{Infobox Chief Justice
|name = Earl Warren
|name = Earl Warren
|image= Earl Warren.jpg
|order= [[List of Chief Justices of the United States by time in office#Chief Justices of the United States|14th]] [[Chief Justice of the United States]]
|termstart = October 2, 1953<ref name='fedjudcenter'>{{cite news | author= | coauthors= |authorlink= | title=Federal Judicial Center: Earl Warren | date=2009-12-12 | publisher= | url=http://www.fjc.gov/servlet/tGetInfo?jid=2506 | work = | pages = | accessdate = 2009-12-12 | language =}}</ref>
|termend = June 23, 1969
|nominator = [[Dwight D. Eisenhower]]
|predecessor = [[Fred M. Vinson]]
|successor = [[Warren E. Burger]]
|order2 = [[List of Governors of California#Governors|30th]] [[Governor of California]]
|term_start2 = January 4, 1943
|term_end2 = October 5, 1953
|lieutenant2 = [[Frederick F. Houser|Frederick Houser]] (1943–1947) <br/> [[Goodwin Knight]] (1947–1953)
|predecessor2 = [[Culbert Olson]]
|successor2 = [[Goodwin Knight]]
|order4 = [[List of Attorneys General of California|20th]] [[Attorney General of California]]
|governor4 = [[Culbert Olson]]
|term_start4 = January 3, 1939
|term_end4 = January 4, 1943
|predecessor4 = [[Ulysses S. Webb]]
|successor4 = [[Robert W. Kenny]]
|order5 = [[Alameda County, California|Alameda County District Attorney]]
|predecessor5 = Ezra Decoto
|successor5 = Ralph E. Hoyt
|term_start5 = 1925
|term_end5 = 1939
|birth_date = {{birth date|1891|3|19|mf=y}}
|birth_place = [[Los Angeles]], [[California]]
|death_date = {{death date and age|1974|7|9|1891|3|19}}
|death_place = [[Washington, D.C.]]
|spouse = Nina Elisabeth Meyers
|religion = [[Protestantism]]
|alma_mater = [[University of California, Berkeley]]
|signature = Earl Warren Signature.svg
|branch = [[United States Army]]
|serviceyears = 1917–1918
|rank= [[File:US-OF1A.svg|8px]] [[First Lieutenant]]
}}
'''Earl Warren''' (March 19, 1891 &ndash; July 9, 1974) was the [[Chief Justice of the United States#List of Chief Justices|14th]] [[Chief Justice of the United States]] [[Supreme Court of the United States|Supreme Court]] and one of only two people to be elected [[Governor of California]] three times. Before holding these positions, Warren served as a [[district attorney]] for [[Alameda County, California]] and [[California Attorney General|Attorney General of California]]. He is best known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending school prayer, and requiring "one-man-one vote" rules of apportionment. He made the Court a power center on a more even base with Congress and the presidency especially through four landmark decisions: ''[[Brown v. Board of Education]]'' (1954), ''[[Gideon v. Wainwright]]'' (1963), ''[[Reynolds v. Sims]]'' (1964), and ''[[Miranda v. Arizona]]'' (1966).

As governor of California, Warren was a very popular Republican and popular across party lines, so much so that in the [[California gubernatorial election, 1946|1946 gubernatorial election]] he won the nominations of the Democratic, Progressive, and Republican parties and was reelected virtually without opposition. His tenure as Chief Justice was as divisive as his governorship was unifying. [[Modern liberalism in the United States|Liberals]] generally hailed the landmark rulings issued by the [[Warren Court]] which affected, among other things, the legal status of [[racial segregation]], [[civil rights]], [[separation of church and state]], and police arrest procedure in the [[United States]]. In the years that followed, the Warren Court became recognized as a high point in the use of [[Judiciary|judicial power]] in the effort to effect social progress in the United States. Warren himself became widely regarded as one of the most influential [[Supreme Court of the United States|Supreme Court]] justices in the history of the United States and perhaps the single most important jurist of the 20th century.

In addition to the constitutional offices he held, Warren was also the [[Vice President of the United States|vice-presidential]] nominee of the [[Republican Party (United States)|Republican Party]] in [[United States presidential election, 1948|1948]], and chaired the [[Warren Commission]], which was formed to investigate the 1963 [[John F. Kennedy assassination|assassination of President John F. Kennedy]].

Constitutional historian Melvin I. Urofsky concludes that, "Scholars agree that as a judge, Warren does not rank with [[Louis Brandeis]], [[Hugo Black|Black]], or [[William J. Brennan, Jr.|Brennan]] in terms of jurisprudence. His opinions were not always clearly written, and his legal logic was often muddled."<ref>Melvin I. Urofsky, "Warren, Earl" in ''Dictionary of American Biography, Supplement 9,'' (1994) p 838</ref><ref>Lawrence S. Wrightsman, ''The psychology of the Supreme Court'' (2006) p 211; Priscilla Machado Zotti, ''Injustice for all: Mapp vs. Ohio and the Fourth Amendment'' (2005) p. 11</ref> His strength lay in his public gravitas, his leadership skills and in his firm belief that the Constitution guaranteed natural rights and that the Court had a unique role in protecting those rights.<ref>Melvin I. Urofsky, ''The Warren court: justices, rulings, and legacy'' (2001) p. 157</ref><ref>Lucas A. Powe, ''The Warren Court and American Politics'' (2000) pp 499-500</ref>

[[Conservatism in the United States|Political conservatives]] attacked his rulings as inappropriate and have called for courts to be deferential to the elected political branches. [[Modern liberalism in the United States|Political liberals]] sometimes argued<ref>Melvin I. Urofsky ''The Warren court: justices, rulings, and legacy'' (2001) p xii, says "But sometimes it went too far, and the work of the Burger Court in part consisted of correcting those excesses." L. A. Scot Powe, ''The Warren court and American politics'' (2000): p 101, reports "a fear not only among conservatives but among moderates as well as some liberals that the Justices had gone too far in protecting individual rights and in so doing had moved into the legislative domain." </ref> that the Warren Court went too far in some areas, but insist that most of its controversial decisions struck a responsive chord in the nation and have become embedded in the law.<ref>Powe (2000) ch 19</ref>{{Dubious|date=February 2011}}

==Education, early career, and military service==
[[File:Earl Warren 1918.jpg|thumb|left|Army 1st Lieutenant Warren in 1918]]
Earl Warren was born in [[Los Angeles]], [[California]], on March 19, 1891 to Methias H. Warren, a [[Norwegian American|Norwegian]] immigrant, and Crystal Hernlund, a [[Swedish American|Swedish]] immigrant. Methias Warren was a longtime employee of the [[Southern Pacific Railroad]]. After the father was blacklisted for joining in a strike, the family moved to Bakersfield, California, in 1894, where the father worked in a railroad repair yard, and the son had summer jobs in railroading. Warren always recalled how big corporations could dominate the lives of their employees and how powerless minority members were when faced with discrimination.

Earl grew up in [[Bakersfield, California]] where he attended Washington Junior High and Kern County High School (now called [[Bakersfield High School]]). It was in Bakersfield that Warren's father was murdered during a robbery by an unknown killer. Warren graduated the [[University of California, Berkeley]], ([[Bachelor of Arts|B.A.]] 1912) in Legal Studies, and [[University of California, Berkeley School of Law|Boalt Hall]], [[LL.B.]] in 1914. He was a member of [[The Gun Club (secret society)|The Gun Club]] [[secret society]],<ref>{{cite news| url=http://www.time.com/time/magazine/article/0,9171,860019,00.html | work=Time | title=National Affairs: EARL WARREN, THE 14th CHIEF JUSTICE | date=October 12, 1953 | accessdate=May 1, 2010}}</ref> and the [[Sigma Phi|Sigma Phi Society]], a fraternity with which he maintained lifelong ties. Warren was [[Admission to the bar in the United States|admitted to the California bar]] in 1914. He was strongly influenced by [[Hiram Johnson]] and other leaders of the [[Progressive Era]] to oppose corruption and promote democracy.<ref>G. Edward White, ''Earl Warren, a public life'' (1982) ch 1</ref>

Warren worked a year for an oil company and then joined Robinson & Robinson, a law firm in [[Oakland, California|Oakland]]. In August 1917, Warren enlisted in the [[United States Army|U.S. Army]] for [[World War I]] service. Assigned to the [[91st Division (United States)|91st Division]] at [[Fort Lewis|Camp Lewis]], [[Washington (U.S. state)|Washington]], [[First Lieutenant#United States|1st Lieutenant]] Earl Warren was discharged in 1918. He served as a clerk of the Judicial Committee for the 1919 Session of the [[California State Assembly]] (1919&ndash;1920), and as the deputy city attorney of Oakland (1920&ndash;25). At this time Warren came to the attention of powerful Republican [[Joseph R. Knowland]], publisher of ''[[The Oakland Tribune]]''. In 1925, Warren was appointed [[district attorney]] of [[Alameda County, California|Alameda County]]. Warren was re-elected to three four-year terms. Warren vigorously investigated allegations that a deputy sheriff was taking bribes in connection with street-paving arrangements. He was a [[Get tough on crime|tough-on-crime]] district attorney (1925&ndash;1939) who professionalized the DA's office. Warren cracked down on bootlegging and had a reputation for high-handedness, but none of his convictions were overturned on appeal. On the other hand the Warren Court later declared unconstitutional some of the standard techniques he and other DAs used in the 1920s, such as coerced confessions and wiretapping.<ref>White (1982) p. 43-44</ref>

Warren soon gained a statewide reputation as a tough, no-nonsense district attorney who fought corruption in government; a 1931 survey voted listed him as the best district attorney in the country. He ran his office in a nonpartisan manner and strongly supported the autonomy of law enforcement agencies. But he also believed that police and prosecutors had to act fairly, and much of what would later lie at the heart of the Warren Court's revolution in criminal justice can be traced back to his days as an active prosecuting attorney.<ref>White (1982) ch 2</ref>

==Family==
Warren married Swedish-born widow Nina Elisabeth Palmquist on October 4, 1925 and had six children. Mrs. Warren died in Washington, at age 100 on April 24, 1993. Warren is the father of Virginia Warren; she married veteran radio and television personality [[John Charles Daly]], on December 22, 1960. They had three children, two boys and a girl.

==Attorney General of California==
In 1938 he won the primaries in all major parties, thanks to a system called "cross filing," and was elected without serious opposition. Once elected he organized state law enforcement officials into regions and led a statewide anti-crime effort. One of his major initiatives was to crack down on [[gambling ship]]s operating off the coast of [[Southern California]].<ref>White (1982) pp. 44-67</ref>

As Attorney General, Warren is most remembered for being the moving force behind [[Japanese American internment|Japanese internment]] during the war—the compulsory removal of people of Japanese descent to inland internment camps away from the war zone along the coast. Following the Japanese [[Attack on Pearl Harbor]] in December 1941, Warren organized the state's civilian defense program, warning in January, 1942, that, "The Japanese situation as it exists in this state today may well be the Achilles heel of the entire civilian defense effort."<ref>White (1982 pp 69</ref> Throughout his lifetime, Warren maintained that this seemed to be the right decision at the time.<ref>His biographer says Warren was "The most visible and effective California public official advocating internment." White (1982) p. 71</ref>

==Governor of California==
[[File:Earl Warren Portrait, half figure, seated, facing front, as Governor.jpg|thumb|right|Photo as Governor of California]]

Running as a Republican, Warren was elected Governor of California on November 3, 1942, defeating incumbent [[Culbert Olson]], a liberal Democrat. Thanks to cross-filing he won all the 1946 primaries and was reelected with over 90% of the vote against minor candidates. He was elected to a third term (as a Republican) in 1950 becoming the first person elected governor of California three times. Warren is the only man who has been sent to office in three consecutive California gubernatorial elections. An amendment passed in 1990 sets a limit of two terms for governor. In 2010, [[Jerry Brown]] became the second person to be elected three times, in 1974, 1978, and [[California gubernatorial election, 2010|2010]]. As he served before the amendment was passed he was not prohibited from serving another term.

As governor Warren modernized the office of governor, and state government generally. Like most [[Progressive Era|progressives]], Warren believed in [[Efficiency Movement|efficiency]] and planning. During World War II he aggressively pursued postwar economic planning. Fearing another postwar decline that would rival the depression years, Governor Earl Warren initiated public works projects similar to those of the [[New Deal]] to capitalize on wartime tax surpluses and provide jobs for returning veterans. Warren also built up the state's higher education system based on the University of California and its vast network of small universities and community colleges.<ref>John Aubrey Douglass, "Earl Warren's New Deal: Economic Transition, Postwar Planning, and Higher Education in California." ''Journal of Policy History'' 2000 12(4): 473-512</ref> For example, his support of the Collier-Burns Act in 1947 raised gasoline taxes that funded a massive program of freeway construction. Unlike states where tolls or bonds funded highway construction, California's gasoline taxes were earmarked for building the system. Warren's support for the bill was crucial because his status as a popular governor strengthened his views, in contrast with opposition from trucking, oil, and gas lobbyists. The Collier-Burns Act helped influence passage of the Federal-Aid Highway Act in 1956, setting a pattern for national highway construction.<ref>Daniel J. B. Mitchell, "Earl Warren's Fight for California's Freeways: Setting a Path for the Nation," ''Southern California Quarterly'' 2006 88(2): 205-238 34p.</ref>

Warren ran for [[Vice President of the United States]] in [[United States presidential election, 1948|1948]] on the Republican ticket with [[Thomas E. Dewey|Thomas Dewey]]. Heavily favored to win, they lost in a stunning upset to incumbent President [[Harry S. Truman|Harry Truman]] and his VP running mate [[Alben W. Barkley|Alben Barkley]].

==U.S. Supreme Court==
[[File:EarlWarren.jpg|thumb|left|Earl Warren]]

===Appointed to Supreme Court===
In [[United States presidential election, 1952|1952]], Warren stood as a "[[favorite son]]" candidate of California for the Republican nomination for President, hoping to be a power broker in a convention that might be deadlocked. But Warren had to head off a revolt by Senator [[Richard M. Nixon]] who supported General [[Dwight D. Eisenhower]]. Eisenhower and Nixon were elected, and the bad blood between Warren and Nixon was apparent. Eisenhower offered, and Warren accepted, the post of solicitor general, with the promise of a seat on the Supreme Court. But before it was announced, Chief Justice [[Fred M. Vinson]] unexpectedly died in September 1953 and Eisenhower picked Warren to replace him as [[Chief Justice of the United States]].<ref>It was not as payoff for campaign work, says White (1982) p. 148; but Henry J. Abraham, ''Justices and Presidents: A Political History of Appointments to the Supreme Court'' (3rd ed. 1992) p 255 suggests Ike owed Warren some gratitude. Eisenhower said he owed Warren nothing.</ref> The president wanted an experienced jurist who could appeal to liberals in the party as well as law-and-order conservatives, noting privately that Warren "represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court.... He has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court".<ref>[http://www.eisenhowermemorial.org/presidential-papers/first-term/documents/460.cfm Personal and confidential To Milton Stover Eisenhower, 9 October 1953. In ''The Papers of Dwight David Eisenhower'', ed. L. Galambos and D. van Ee, (1996) doc. 460.]</ref> In the next few years Warren led the Court in a series of liberal decisions that revolutionized the role of the Court. Eisenhower later remarked that his appointment was "the biggest damned-fool mistake I ever made."<ref>[www.pbs.org/wnet/supremecourt/democracy/robes_warren.html]</ref>

As of 2011, Warren was the last Supreme Court justice to have served as Governor of a [[U.S. state]], the last justice to have been elected to statewide elected office, and the last serving politician to be elevated to the Supreme Court.

===The Warren Court===
{{main|Warren Court}}
Warren took his seat October 5, 1953 on a recess appointment; the Senate confirmed him on March 1, 1954. Despite his lack of judicial experience, his years in the Alameda County district attorney's office and as state attorney general gave him far more knowledge of the law in practice than most other members of the Court had. Warren's greatest asset, what made him in the eyes of many of his admirers "Super Chief," was his political skill in manipulating the other justices. Over the years his ability to lead the Court, to forge majorities in support of major decisions, and to inspire liberal forces around the nation, outweighed his intellectual weaknesses. Warren realized his weakness and asked the senior associate justice, [[Hugo L. Black]], to preside over conferences until he became accustomed to the drill. A quick study, Warren soon was in fact as well as in name the Court's chief justice.<ref>White (1982) pp 159-61</ref>

All the justices had been appointed by [[Franklin D. Roosevelt]] or Truman, and all were committed [[New Deal coalition|New Deal liberals]]. They disagreed about the role that the courts should play in achieving liberal goals. The Court was split between two warring factions. [[Felix Frankfurter]] and [[Robert H. Jackson]] led one faction, which insisted upon judicial self-restraint and insisted courts should defer to the policymaking prerogatives of the White House and Congress. [[Hugo Black]] and [[William O. Douglas]] led the opposing faction; they agreed the court should defer to Congress in matters of economic policy, but felt the judicial agenda had been transformed from questions of property rights to those of individual liberties, and in this area courts should play a more activist role. Warren's belief that the judiciary must seek to do justice placed him with the activists, although he did not have a solid majority until after Frankfurter's retirement in 1962.<ref>MichaEl R. Belknap, ''The Supreme Court under Earl Warren, 1953-1969'' (2005) pp. 13-14</ref>

====Decisions====
Warren was a more liberal justice than anyone had anticipated.<ref>In later years Eisenhower remarked several times that making Warren the Chief Justice was a mistake. He probably had the criminal cases in mind, not ''Brown.'' See David. A. Nichols, ''Matter of Justice: Eisenhower and the Beginning of the Civil Rights Revolution'' (2007) pp 91-93</ref> Warren was able to craft a long series of landmark decisions because he built a winning coalition. When Frankfurter retired in 1962 and President [[John F. Kennedy]] named labor lawyer [[Arthur Goldberg]] to replace him, Warren finally had the fifth liberal vote for his majority. [[William J. Brennan, Jr.]], a liberal Democrat appointed by Eisenhower in 1956, was the intellectual leader of the activist faction that included Black and Douglas. Brennan complemented Warren's political skills with the strong legal skills Warren lacked. Warren and Brennan met before the regular conferences to plan out their strategy.<ref>Powe (2000)</ref>

=====Brown (1954)=====
''[[Brown v. Board of Education]]'' {{ussc|347|483|1954}} banned the segregation of public schools.
The very first case put Warren's leadership skills to an extraordinary test. The [[NAACP]] had been waging a systematic legal fight against the "separate but equal" doctrine enunciated in [[Plessy v. Ferguson]] (1896) and finally had challenged Plessy in a series of five related cases, which had been argued before the Court in the spring of 1953. However the justices had been unable to decide the issue and ordered a reargument of the case in fall 1953, with special attention to whether the Fourteenth Amendment's equal protection clause prohibited the operation of separate public schools for whites and blacks.<ref>See [http://americanhistory.si.edu/Brown/history/index.html Smithsonian, “Separate is Not Equal: Brown v. Board of Education’’]</ref>

While all but one justice personally rejected segregation, the self-restraint faction questioned whether the Constitution gave the Court the power to order its end, especially since the Court, in several cases decided subsequent to Plessy, had upheld the doctrine of "separate but equal" as constitutional.<ref>See, e.g., [[Cumming v. Richmond County Board of Education]], [[Berea College v. Kentucky]], [[Gong Lum v. Rice]], [[Missouri ex rel. Gaines v. Canada]], and [[Sweatt v. Painter]]</ref> The activist faction believed the Fourteenth Amendment did give the necessary authority and were pushing to go ahead. Warren, who held only a recess appointment, held his tongue until the Senate, dominated by southerners, confirmed his appointment. Warren told his colleagues after oral argument that he believed racial segregation violated the Constitution and that only if one considered African Americans inferior to whites could the practice be upheld. But he did not push for a vote. Instead, he talked with the justices and encouraged them to talk with each other as he sought a common ground on which all could stand. Finally he had eight votes, and the last holdout, [[Stanley Forman Reed|Stanley Reed]] of Kentucky, agreed to join the rest. Warren drafted the basic opinion in Brown v. Board of Education (1954) and kept circulating and revising it until he had an opinion endorsed by all the members of the Court.<ref>For text see [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=347&invol=483 BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954)]</ref>

The unanimity Warren achieved helped speed the drive to desegregate public schools, which mostly came about under President [[Richard M. Nixon]]. Throughout his years as Chief, Warren succeeded in keeping all decisions concerning segregation unanimous. Brown applied to schools, but soon the Court enlarged the concept to other state actions, striking down racial classification in many areas. Congress ratified the process in the [[Civil Rights Act of 1964]] and the [[Voting Rights Act of 1965]]. Warren did compromise by agreeing to Frankfurter's demand that the Court go slowly in implementing desegregation; Warren used Frankfurter's suggestion that a 1955 decision (Brown II) include the phrase "all deliberate speed."<ref>Robert L. Carter, "The Warren Court and Desegregation," ''Michigan Law Review,'' Vol. 67, No. 2 (Dec., 1968), pp. 237-248 [http://www.jstor.org/pss/1287417 in JSTOR]</ref>

The Brown decision of 1954 marked, in dramatic fashion, the radical shift in the Court's—and the nation's—priorities from issues of property rights to civil liberties. Under Warren the courts became an active partner in governing the nation, although still not coequal. Warren never saw the courts as a backward-looking branch of government.

The Brown decision was a powerful moral statement clad in a weak constitutional analysis; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black. Instead, he believed that in all branches of government common sense, decency, and elemental justice were decisive, not stare decisis, tradition or the text of the Constitution. He wanted results. He never felt that doctrine alone should be allowed to deprive people of justice. He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.<ref>Patterson, ''Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy'' (2001)</ref>

=====Reapportionment=====
The "[[one man, one vote#United States|one man, one vote]]" cases (''[[Baker v. Carr]]'' and ''[[Reynolds v. Sims]]'') of 1962–1964 had the effect of ending the over-representation of rural areas in state legislatures, as well as the under-representation of suburbs. Central cities—which had long been under-represented—were now losing population to the suburbs and were not greatly affected.

Warren's priority on fairness shaped other major decisions. In 1962, over the strong objections of Frankfurter, the Court agreed that questions regarding malapportionment in state legislatures were not political issues, and thus were not outside the Court's purview. For years underpopulated rural areas had deprived metropolitan centers of equal representation in state legislatures. In Warren's California, Los Angeles County had only one state senator. Cities had long since passed their peak, and now it was the middle class suburbs that were underepresented. Frankfurter insisted that the Court should avoid this "political thicket" and warned that the Court would never be able to find a clear formula to guide lower courts in the rash of lawsuits sure to follow. But Douglas found such a formula: "one man, one vote."<ref>James A. Gazell, "One Man, One Vote: Its Long Germination," ''The Western Political Quarterly,'' Vol. 23, No. 3 (Sep., 1970), pp. 445-462 [http://www.jstor.org/pss/446565 in JSTOR]</ref>

In the key apportionment case Reynolds v. Sims (1964)<ref>See [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=377&invol=533 REYNOLDS v. SIMS, 377 U.S. 533 (1964)]</ref> Warren delivered a civics lesson: "To the extent that a citizen's right to vote is debased, he is that much less a citizen," Warren declared. "The weight of a citizen's vote cannot be made to depend on where he lives. This is the clear and strong command of our Constitution's Equal Protection Clause." Unlike the desegregation cases, in this instance, the Court ordered immediate action, and despite loud outcries from rural legislators, Congress failed to reach the two-thirds needed pass a constitutional amendment. The states complied, reapportioned their legislatures quickly and with minimal troubles. Numerous commentators have concluded reapportionment was the Warren Court's great "success" story.<ref>Robert B. McKay, "Reapportionment: Success Story of the Warren Court." ''Michigan Law Review,'' Vol. 67, No. 2 (Dec., 1968), pp. 223-236 [http://www.jstor.org/pss/1287416 in JSTOR]</ref>

=====Due process and rights of defendants (1963-66)=====
In ''[[Gideon v. Wainwright]]'', {{ussc|372|335|1963}} the Court held that the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] required that all indigent criminal defendants receive publicly-funded counsel (Florida law, consistent with then-existing Supreme Court precedent reflected in the case of [[Powell v. Alabama]], required the assignment of free counsel to indigent defendants only in capital cases);
''[[Miranda v. Arizona]]'', {{ussc|384|436|1966}} required that certain rights of a person interrogated while in police custody be clearly explained, including the right to an [[Attorney at law (United States)|attorney]] (often called the "[[Miranda warning]]").

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues into the 21st century. Warren took the lead in criminal justice; despite his years as a tough prosecutor, he always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrantless searches to forced confessions.

Warren’s Court ordered lawyers for indigent defendants, in ''Gideon v. Wainwright'' (1963), and prevented prosecutors from using evidence seized in illegal searches, in ''Mapp v. Ohio'' (1961). The famous case of ''Miranda v. Arizona'' (1966) summed up Warren's philosophy.<ref>See [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=384&invol=436 MIRANDA v. ARIZONA, 384 U.S. 436 (1966)]</ref> Everyone, even one accused of crimes, still enjoyed constitutionally protected rights, and the police had to respect those rights and issue a specific warning when making an arrest. Warren did not believe in coddling criminals; thus in ''Terry v. Ohio'' (1968) he gave police officers leeway to stop and frisk those they had reason to believe held weapons.

Conservatives angrily denounced the "handcuffing of the police."<ref>Ronald Kahn and Ken I. Kersch, eds. ''The Supreme Court and American Political Development'' (2006) [http://www.amazon.com/gp/reader/0700614397?keywords=miranda%20%26%2334%3Bcrime%20rates%26%2334%3B&p=S04N&checkSum=%252FyIgYm2ybgibk6P%252BM%252FG9LcucFd6ieUBSkCM%252FVsFiLs0%253D online at p. 442]</ref> Violent crime and homicide rates shot up nationwide; in New York City, for example, after steady to declining trends until the early 1960s, the homicide rate doubled in the period from 1964-74 from just under 5 per 100,000 at the beginning of that period to just under 10 per 100,000 in 1974. After 1992 the homicide rates fell sharply.<ref>Thomas Sowell, ''The Vision of the Anointed: Self-congratulation as a Basis for Social Policy'' (1995) [http://books.google.com/books?id=ISTtFtcIkKAC&pg=PA29&dq=homicide+%22warren+court%22&lr=&num=30&as_brr=0&ei=BvhqSNuHHpOkiwHp99SCBg&sig=ACfU3U2Pv3ET0J8J_NHq2uTqH_GJxcCbDw online at p. 26-29]</ref>

=====First Amendment=====
The Warren Court's activism stretched into a new turf, especially First Amendment rights. The Court's decision outlawing mandatory school prayer in ''Engel v. Vitale'' (1962) brought vehement complaints that echoed into the 21st century.<ref>See [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=370&invol=421 ENGEL v. VITALE, 370 U.S. 421 (1962)]</ref>

Warren worked to nationalize the [[Bill of Rights]] by applying it to the states. Moreover, in one of the landmark cases decided by the Court, ''Griswold v. Connecticut'' (1963), the Warren Court announced a constitutionally protected [[right of privacy]].<ref>See [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0381_0479_ZS.html Griswold v. Connecticut (No. 496) 151 Conn. 544, 200 A.2d 479, reversed]</ref>

With the exception of the desegregation decisions, few decisions were unanimous. The eminent scholar Justice [[John Marshall Harlan II]] took Frankfurter's place as the Court's self-constraint spokesman, often joined by [[Potter Stewart]] and [[Byron R. White]]. But with the appointment of [[Thurgood Marshall]], the first black justice, and [[Abe Fortas]] (replacing Goldberg), Warren could count on six votes in most cases.<ref>Michal R. Belknap, ''The Supreme Court under Earl Warren, 1953-1969'' (2005)</ref>

===Retirement delayed===
[[File:President & First Lady Kennedy with Chief Justice Earl Warren & Mrs. Warren, circa 1962.jpg|thumb|President and First Lady Kennedy with Chief Justice and Mrs. Warren, November 1963]]
In June 1968, Warren, fearing that Nixon would be elected president that year, worked out a retirement deal with President Johnson. Associate Justice [[Abe Fortas]], who was secretly Johnson's top adviser, brokered the deal in which Fortas would become chief justice. The plan was foiled by the Senate, which ripped into Fortas's record and refused to confirm him. Warren remained on the Court, and Nixon was elected. In 1969 Warren learned that Fortas had made a secret lifetime contract for $20,000 a year to provide private legal advice to Louis Wolfson, a friend and financier in deep legal trouble; Warren immediately demanded and got Fortas' resignation.<ref>Artemus Ward, "An Extraconstitutional Arrangement: Lyndon Johnson and the Fall of the Warren Court" ''White House Studies'' 2002 2(2): 171-183</ref>

Warren presided over the Court's October 1968 term and retired in spring 1969; Nixon named [[Warren E. Burger]] to succeed him. Burger, despite his distinguished profile and conservative reputation, was not effective in stopping Brennan's liberalism, so the "Warren Court" remained effective until about 1986, when [[William Rehnquist]] became Chief Justice and took control of the agenda.<ref>Stephen L. Wasby, "Civil Rights and the Supreme Court: A Return of the Past," ''National Political Science Review,'' July 1993, Vol. 4, pp 49-60</ref>

===Warren Commission===
{{main|Warren Commission}}
President Johnson demanded in the name of patriotic duty that Warren head the governmental commission that investigated the assassination of John F. Kennedy. It was an unhappy experience for Warren, who did not want the assignment. As a judge, he valued candor and justice, but as a politician he recognized the need for secrecy in some matters. He insisted that the commission report should be unanimous, and so he compromised on a number of issues in order to get all the members to sign the final version. But many conspiracy theorists have attacked the commission's findings ever since, claiming that key evidence is missing or distorted and that there are many inconsistencies in the report. The Commission concluded that the assassination was the result of a single individual, [[Lee Harvey Oswald]], acting alone.<ref>''The Warren Commission Report: Report of the President's Commission on the Assassination of President John F. Kennedy by President's Commission on The Assassination'' (1964)</ref><ref>Newton (2006) pp 415-23, 431-42</ref> Fears of possible Soviet or Cuban foreign involvement in the assassination necessitated the establishment of a bipartisan commission that, in turn, sought to depoliticize Oswald's role by downplaying his Communist affiliations. The commission weakened its findings by not sharing the government's deepest secrets. The report's lack of candor furthered antigovernment cynicism, which in turn stimulated conspiracy theorists who propounded any number of alternative scenarios, all mutually contradictory.<ref>Max Holland, "The key to the Warren report," ''American Heritage'', Nov 95, Vol. 46 Issue 7, pp 50-59</ref><ref>Earl Warren was portrayed by real life [[New Orleans]] district attorney [[Jim Garrison]] in ''[[JFK (film)|JFK]]'', the [[Oliver Stone]] film about the assassination and Garrison's investigation of it.</ref>

==Legacy==
Earl Warren had a profound impact on the Supreme Court and United States of America. As Chief Justice, his term of office was marked by numerous rulings on civil rights, separation of church and state, and police arrest procedure in the United States.

His critics found him a boring person. "Although Warren was an important and courageous figure and although he inspired passionate devotion among his followers...he was a dull man and a dull judge," wrote Dennis J. Hutchinson.<ref>in ''Hail to the Chief: Earl Warren and the Supreme Court'', 81 Mich. L. Rev. 922, 930 (1983).</ref>

[[File:Impeach Warren.png|thumb|right|The first Impeach Earl Warren sign, posted in San Francisco in October of 1958]]

Warren retired from the Supreme Court in 1969. He was affectionately known by many as the "Superchief", although he became a lightning rod for controversy among [[Conservatism|conservatives]]: signs declaring "[[Impeachment|Impeach]] Earl Warren" could be seen around the country throughout the 1960s. The unsuccessful impeachment drive was a major focus of the [[John Birch Society]].<ref>Political Research Associates, [http://www.publiceye.org/tooclose/jbs.html "John Birch Society"]</ref>

As Chief Justice, he swore in Presidents Eisenhower (in 1957), Kennedy (in 1961), Johnson (in 1965) and Nixon (in 1969).

===Death===
Five and a half years after his retirement, Warren died in Washington, D.C., on July 9, 1974.<ref name="warren1">{{cite web |title=Earl Warren (1891-1974) |publisher=Earl Warren College |url=http://warren.ucsd.edu/aboutwarren/college_overview/earl_warren.php |accessdate=2007-12-21 |archiveurl = http://web.archive.org/web/20071018095528/http://warren.ucsd.edu/aboutwarren/college_overview/earl_warren.php <!-- Bot retrieved archive --> |archivedate = 2007-10-18}}</ref> His funeral was held at [[Washington National Cathedral]] and his body was buried at [[Arlington National Cemetery]].<ref>{{cite book |last=Woodward |first=Bob |authorlink=Bob Woodward |coauthors=Scott Armstrong |title=The Brethren: Inside the Supreme Court |publisher=Siomn & Schustler |year=2005 |location=New York, New York |pages=385 |isbn=0-7432-7402-4}}</ref>

===Honors===
On December 5, 2007, California Governor [[Arnold Schwarzenegger]] and First Lady of California [[Maria Shriver]] inducted Warren into the [[California Hall of Fame]], located at [[The California Museum for History, Women and the Arts]].<ref>[http://www.californiamuseum.org/Exhibits/Hall-of-Fame/inductees.html Warren inducted into California Hall of Fame], California Museum, Accessed 2007</ref>
The [[Earl Warren Bill of Rights Project]] is named in his honor. He was awarded the [[Presidential Medal of Freedom]] posthumously in 1981. An extensive collection of Warren's papers, including case files from his Supreme Court service, is located at the Manuscript Division of the [[Library of Congress]] in Washington, D.C. Most of the collection is open for research.

[[File:Earl Warren Hall Mongolian Oak.jpg|thumb|left|250px|Earl Warren Hall at [[University of California, Berkeley]] was designed to architecturally accommodate this [[Mongolian Oak]].<ref name="berkeleyTrees">{{cite web |url=http://berkeley.edu/news/multimedia/2004/01/notable.swf |title=Notable Trees of Berkeley |format=flash |accessdate=2010-02-25}}</ref>]]
Various things are named in his honor. In 1977, Fourth College, one of the six [[Undergraduate education|undergraduate]] colleges at the [[University of California, San Diego]], was renamed [[Earl Warren College]] in his honor. The California State Building in San Francisco, a middle school in [[Solana Beach, California]], elementary schools in [[Garden Grove and Lake Elsinore, California]], a middle school in his home town of Bakersfield, California, high schools in [[San Antonio, Texas]] ([[Earl Warren High School]]) and [[Downey, California]], and a building at the high school he attended (Bakersfield High School) are named for him, as are the showgrounds in [[Santa Barbara, California]]. The [[freeway]] portion of [[California State Route 13|State Route 13]] in Alameda County is the Warren Freeway.

He was honored by the [[United States Postal Service]] with a 29¢ [[Great Americans series]] [[postage stamp]].

==Electoral history==
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'''Earl Warren electoral history'''
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'''California Republican presidential primary, 1936''':<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=35539 Our Campaigns&nbsp;– CA US President&nbsp;– R Primary Race&nbsp;– May 05, 1936<!--Bot-generated title-->]</ref>
* Earl Warren&nbsp;– 350,917 (57.43%)
* [[Alf Landon]]&nbsp;– 260,170 (42.58%)

'''[[United States presidential election, 1936|1936 Republican presidential primaries]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=55177 Our Campaigns&nbsp;– US President&nbsp;– R Primaries Race&nbsp;– Feb 01, 1936<!--Bot-generated title-->]</ref>:
* [[William Edgar Borah]]&nbsp;– 1,478,676 (44.48%)
* [[Alf Landon]]&nbsp;– 729,908 (21.96%)
* [[Frank Knox]]&nbsp;– 527,054 (15.85%)
* Earl Warren&nbsp;– 350,917 (10.56%)
* [[Stephen A. Day]]&nbsp;– 155,732 (4.69%)
* [[Warren Green]]&nbsp;– 44,518 (1.34%)

'''Republican primary for [[Governor of California]], 1942'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=379493 Our Campaigns&nbsp;– CA Governor&nbsp;– R Primary Race&nbsp;– Aug 25, 1942<!--Bot-generated title-->]</ref>:
* Earl Warren&nbsp;– 635,230 (94.23%)
* [[Nathan T. Porter]]&nbsp;– 15,604 (2.32%)
* [[William E. Riker]]&nbsp;– 10,004 (1.48%)
* [[Fred Dyster]]&nbsp;– 9,824 (1.46%)
* [[Culbert Olson]] (inc.) ([[Write-in candidate|write-in]])&nbsp;– 3,504 (0.52%)

'''Democratic primary for Governor of California, 1942'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=379494 Our Campaigns&nbsp;– CA Governor&nbsp;– D Primary Race&nbsp;– Aug 25, 1942<!--Bot-generated title-->]</ref>:
* [[Culbert Olson]] (inc.)&nbsp;– 513,244 (51.98%)
* Earl Warren&nbsp;– 404,778 (41.00%)
* [[Roy G. Owens]]&nbsp;– 50,780 (5.14%)
* [[Nathan T. Porter]]&nbsp;– 11,302 (1.15%)
* [[Alonzo J. Riggs]]&nbsp;– 7,231 (0.73%)

'''[[California gubernatorial election, 1942]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=121646 Our Campaigns&nbsp;– CA Governor Race&nbsp;– Nov 03, 1942<!--Bot-generated title-->]</ref>:
* Earl Warren (R)&nbsp;– 1,275,237 (57.07%)
* [[Culbert Olson]] (D) (inc.)&nbsp;– 932,995 (41.75%)

'''California Republican presidential primary, 1944'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=35767 Our Campaigns&nbsp;– CA US President&nbsp;– R Primary Race&nbsp;– May 16, 1944<!--Bot-generated title-->]</ref>
* Earl Warren&nbsp;– 594,439 (100.00%)

'''[[United States presidential election, 1944|1944 Republican presidential primaries]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=55184 Our Campaigns&nbsp;– US President&nbsp;– R Primaries Race&nbsp;– Feb 01, 1944<!--Bot-generated title-->]</ref>:
* [[Douglas MacArthur]]&nbsp;– 662,127 (28.94%)
* Earl Warren&nbsp;– 594,439 (25.99%)
* [[John W. Bricker]]&nbsp;– 366,444 (16.02%)
* [[Thomas E. Dewey]]&nbsp;– 278,727 (12.18%)
* [[W. Chapman Revercomb]]&nbsp;– 91,602 (4.00%)
* Unpledged&nbsp;– 87,834 (3.84%)
* [[Harold Stassen]]&nbsp;– 67,508 (2.95%)
* [[Riley A. Bender]]&nbsp;– 37,575 (1.64%)
* [[Charles A. Christopherson]]&nbsp;– 33,497 (1.46%)
* [[Wendell Willkie]]&nbsp;– 27,097 (1.19%)

'''Republican primary for Governor of California, 1946'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=311940 Our Campaigns&nbsp;– CA&nbsp;– Governor&nbsp;– R Primary Race&nbsp;– Jun 05, 1946<!--Bot-generated title-->]</ref>:
* Earl Warren (inc.)&nbsp;– 774,302 (91.10%)
* [[Robert W. Kenny]]&nbsp;– 70,331 (8.27%)

'''Democratic primary for Governor of California, 1946'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=311939 Our Campaigns&nbsp;– CA&nbsp;– Governor&nbsp;– D Primary Race&nbsp;– Jun 05, 1946<!--Bot-generated title-->]</ref>:
* Earl Warren (inc.)&nbsp;– 593,180 (51.93%)
* [[Robert W. Kenny]]&nbsp;– 530,968 (46.49%)

'''[[California gubernatorial election, 1946]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=121645 Our Campaigns&nbsp;– CA Governor Race&nbsp;– Nov 05, 1946<!--Bot-generated title-->]</ref>:
* Earl Warren (R, D) (inc.)&nbsp;– 2,344,542 (91.64%)
* [[Henry R. Schmidt]] (Prohibition)&nbsp;– 180,579 (7.06%)
* [[Archie Brown (Communist)|Archie Brown]] (Communist)&nbsp;– 22,606 (0.88%)
* [[James Roosevelt]] (D) ([[Write-in candidate|write-in]])&nbsp;– 3,210 (0.13%)

'''[[United States presidential election, 1948|1948 Republican presidential primaries]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=55187 Our Campaigns&nbsp;– US President&nbsp;– R Primaries Race&nbsp;– Feb 01, 1948<!--Bot-generated title-->]</ref>:
*Earl Warren&nbsp;– 771,295 (26.99%)
*[[Harold Stassen]]&nbsp;– 627,321 (21.96%)
*[[Robert Taft]]&nbsp;– 464,741 (16.27%)
*[[Thomas E. Dewey]]&nbsp;– 330,799 (11.58%)
*[[Riley A. Bender]]&nbsp;– 324,029 (11.34%)
*[[Douglas MacArthur]]&nbsp;– 87,839 (3.07%)
*[[Leverett Saltonstall]]&nbsp;– 72,191 (2.53%)
*[[Herbert E. Hitchcock]]&nbsp;– 45,463 (1.59%)
*[[Edward Martin]]&nbsp;– 45,072 (1.58%)
* Unpledged&nbsp;– 28,854 (1.01%)
*[[Arthur H. Vandenberg]]&nbsp;– 18,924 (0.66%)
*[[Dwight D. Eisenhower]]&nbsp;– 5,014 (0.18%)
*[[Harry S. Truman]]&nbsp;– 4,907 (0.17%)
*[[Henry A. Wallace]]&nbsp;– 1,452 (0.05%)
*[[Joseph William Martin, Jr.]]&nbsp;– 974 (0.03%)
*[[Alfred E. Driscoll]]&nbsp;– 44 (0.00%)
* Others&nbsp;– 5,939 (0.21%)

'''[[1948 Republican National Convention]] (Presidential tally)'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=57983 Our Campaigns&nbsp;– US President&nbsp;– R Convention Race&nbsp;– Jun 21, 1948<!--Bot-generated title-->]</ref>
*[[Thomas E. Dewey]]&nbsp;– 1,094 (60.74%)
*[[Robert Taft]]&nbsp;– 274 (15.21%)
*[[Harold Stassen]]&nbsp;– 157 (8.72%)
*[[Arthur H. Vandenberg]]&nbsp;– 62 (3.44%)
*Earl Warren&nbsp;– 59 (3.28%)
*[[Dwight H. Green]]&nbsp;– 56 (3.11%)
*[[Alfred E. Driscoll]]&nbsp;– 35 (1.94%)
*[[Raymond E. Baldwin]]&nbsp;– 19 (1.06%)
*[[Joseph William Martin, Jr.]]&nbsp;– 18 (1.00%)
*[[B. Carroll Reece]]&nbsp;– 15 (0.83%)
*[[Douglas MacArthur]]&nbsp;– 11 (0.61%)
*[[Everett Dirksen]]&nbsp;– 1 (0.06%)

'''[[1948 Republican National Convention]] (Vice Presidential tally)'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=60069 Our Campaigns&nbsp;– US Vice President&nbsp;– R Convention Race&nbsp;– Jun 21, 1948<!--Bot-generated title-->]</ref>:
* Earl Warren&nbsp;– 1,094 (100.00%)

'''[[United States presidential election, 1948]]'''
* [[Harry S. Truman]]/[[Alben W. Barkley]] (D)&nbsp;– 24,179,347 (49.6%) and 303 electoral votes (28 states carried)
* [[Thomas E. Dewey]]/Earl Warren (R)&nbsp;– 21,991,292 (45.1%) and 189 electoral votes (16 states carried)
* [[Strom Thurmond]]/[[Fielding L. Wright]] ([[Dixiecrat]])&nbsp;– 1,175,930 (2.4%) and 39 electoral votes (4 states carried)
* [[Henry A. Wallace]]/[[Glen H. Taylor]] (Progressive)&nbsp;– 1,157,328 (2.4%)

'''[[California gubernatorial election, 1950]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=121644 Our Campaigns&nbsp;– CA Governor Race&nbsp;– Nov 07, 1950<!--Bot-generated title-->]</ref>:
* Earl Warren (R) (inc.)&nbsp;– 2,461,754 (64.85%)
* [[James Roosevelt]] (D)&nbsp;– 1,333,856 (35.14%)

'''[[United States presidential election, 1952|1952 Republican presidential primaries]]'''<ref>[http://www.ourcampaigns.com/RaceDetail.html?RaceID=55194 Our Campaigns&nbsp;– US President&nbsp;– R Primaries Race&nbsp;– Feb 01, 1952<!--Bot-generated title-->]</ref>:
*[[Robert Taft]]&nbsp;– 2,794,736 (35.84%)
*[[Dwight D. Eisenhower]]&nbsp;– 2,050,708 (26.30%)
*Earl Warren&nbsp;– 1,349,036 (17.30%)
*[[Harold Stassen]]&nbsp;– 881,702 (11.31%)
*[[Thomas H. Werdel]]&nbsp;– 521,110 (6.68%)
*[[George T. Mickelson]]&nbsp;– 63,879 (0.82%)
*[[Douglas MacArthur]]&nbsp;– 44,209 (0.57%)
*[[Grant A. Ritter]]&nbsp;– 26,208 (0.34%)
*[[Edward C. Slettedahl]]&nbsp;– 22,712 (0.29%)
*[[Riley A. Bender]]&nbsp;– 22,321 (0.29%)
*[[Mary E. Kenny]]&nbsp;– 10,411 (0.13%)
*[[Wayne Morse]]&nbsp;– 7,105 (0.09%)
*[[Perry J. Stearns]]&nbsp;– 2,925 (0.04%)
*[[William R. Schneider]]&nbsp;– 580 (0.01%)

'''[[1952 Republican National Convention]] (1st ballot)'''
*[[Dwight D. Eisenhower]]&nbsp;– 595
*[[Robert Taft]]&nbsp;– 500
*Earl Warren&nbsp;– 81
*[[Harold Stassen]]&nbsp;– 20
*[[Douglas MacArthur]]&nbsp;– 10

'''[[1952 Republican National Convention]] (2nd ballot)'''
* [[Dwight D. Eisenhower]]&nbsp;– 845
* [[Robert Taft]]&nbsp;– 280
* Earl Warren&nbsp;– 77
* [[Douglas MacArthur]]&nbsp;– 4

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==See also==
'''Articles about his time as Chief Justice'''
{{multicol}}
*[[List of Justices of the Supreme Court of the United States]]
*[[List of law clerks of the Supreme Court of the United States]]
*[[List of United States Chief Justices by time in office]]
{{multicol-break}}
*[[List of U.S. Supreme Court Justices by time in office]]
*''[[Super Chief: The Life and Legacy of Earl Warren]]'', a 1989 documentary film
*[[List of United States Supreme Court cases by the Warren Court|United States Supreme Court cases during the Warren Court]]
{{multicol-break}}
{{Portal box|Biography|California|Government of the United States}}
{{multicol-end}}

'''Articles about his time before becoming Chief Justice'''

* [[Earl King, Ernest Ramsay, and Frank Conner]], murder case he prosecuted in Alameda County, California
{{-}}

==Cultural references==
In the 1992 ''[[The Simpsons|Simpsons]]'' episode "[[Itchy and Scratchy: The Movie]]", [[Marge Simpson|Marge]] frets over [[Bart Simpson|Bart]]'s poor behavior and lack of self-discipline, to the point that she imagines a future adult version of him as an overweight, slovenly, male [[stripper]], instead of the Chief Justice of the Supreme Court, which she had previously hoped for. When she then urges her husband [[Homer Simpson|Homer]] to subsequently punish their ten-year-old boy, his initial reluctance to do so prompts her to ask, "Do you want your son to become Chief Justice of the Supreme Court, or a sleazy male stripper?", to which Homer responds, "Can't he be both, like the late Earl Warren?" When Marge corrects him by saying, "Earl Warren wasn't a stripper!", Homer replies dismissively, "''Now'' who's being naïve?" <ref>{{cite web|url=http://www.snpp.com/episodes/9F03.html |title=SNPP.com: "Itchy and Scratchy: The Movie" episode capsule |date= |accessdate=2011-07-03}}</ref>

==References==
{{Reflist|colwidth=30em}}

==Further reading==
*Abraham, Henry J., ''Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed.'' (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
* Belknap, Michael, ''The Supreme Court Under Earl Warren, 1953-1969'' (2005), 406pp [http://www.amazon.com/dp/1570035636 excerpt and text search]
* Cray, Ed. ''Chief Justice: A Biography of Earl Warren'' (1997), the most comprehensive biography; highly favorable; strong on politics [http://www.amazon.com/dp/0684808528 excerpt and text search]
* Horwitz, Morton J. ''The Warren Court and the Pursuit of Justice'' (1999) [http://www.amazon.com/dp/0809016257 excerpt and text search]
* Lewis, Anthony. "Earl Warren" in Leon Friedman and Fred L. Israel, eds. ''The Justices of the United States Supreme Court: Their Lives and Major Opinions. Volume: 4.'' (1997) pp 1373–1400; includes all members of the Warren Court. [http://www.questia.com/read/99223171?title=The%20Justices%20of%20the%20United%20States%20Supreme%20Court%3a%20Their%20Lives%20and%20Major%20Opinions%20-%20Vol.%204 online edition]
* Newton, Jim. ''Justice for All: Earl Warren and the Nation He Made'' (2006), solid biography by journalist [http://www.amazon.com/dp/B000R7O2W8 excerpt and text search]
* Patterson, James T. '' Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy'' (2001) [http://www.questia.com/read/111458889?title=Brown%20v.%20Board%20of%20Education%3a%20A%20Civil%20Rights%20Milestone%20and%20Its%20Troubled%20Legacy online edition]
* Powe, Lucas A.. ''The Warren Court and American Politics'' (2000) [http://www.amazon.com/dp/0674006836 excerpt and text search]
* Scheiber, Harry N. ''Earl Warren and the Warren Court: The Legacy in American and Foreign Law'' (2006)
* Schwartz, Bernard. ''The Warren Court: A Retrospective'' (1996) [http://www.amazon.com/dp/0195104390 excerpt and text search]
* Schwartz, Bernard. "Chief Justice Earl Warren: Super Chief in Action." ''Journal of Supreme Court History'' 1998 (1): 112-132
* Tushnet, Mark. ''The Warren Court in Historical and Political Perspective'' (1996) [http://www.amazon.com/dp/0813916658 excerpt and text search]
*White, G. Edward. ''Earl Warren, a public life'' (1982) ISBN 0-19-503121-0, by a leading scholar
* [[Bob Woodward|Woodward, Robert]] and [[Scott Armstrong (journalist)|Armstrong, Scott]]. ''[[The Brethren (non-fiction)|The Brethren: Inside the Supreme Court]]'' (1979). ISBN 978-0-380-52183-8; ISBN 0-380-52183-0. ISBN 978-0-671-24110-0; ISBN 0-671-24110-9; ISBN 0-7432-7402-4; ISBN 978-0-7432-7402-9.

===Primary Sources===
* Time Magazine. "The Chief," [http://www.time.com/time/magazine/article/0,9171,844127,00.html ''Time'' Nov. 17, 1967]
* Warren, Earl. ''The Memoirs of Earl Warren'' (1977), goes only to 1954
* Warren, Earl. ''The Public Papers of Chief Justice Earl Warren'', ed. by Henry M. Christman; (1959), speeches and decisions, 1946-1958 [http://www.questia.com/read/6131221?title=The%20Public%20Papers%20of%20Chief%20Justice%20Earl%20Warren online edition].
* Rawls, James J. "The Earl Warren Oral History Project: an Appraisal." ''Pacific Historical Review'' 1987 56(1): 87-97. Begun during the 1960s by the Bancroft Library's Regional Oral History Office, the collection includes more than 50 volumes of interviews recorded and transcribed during 1971-81, totaling about 12,000 pages.

==External links==
{{wikisource author|Earl Warren}}
{{wikiquote}}
* {{FJC Bio|2506}}
*[http://www.lbjlib.utexas.edu/johnson/archives.hom/oralhistory.hom/Warren-E/Warren-E.asp Oral History Interview with Earl Warren, from the Lyndon Baines Johnson Library]
*[http://www.khsd.k12.ca.us/bhs/Archiving%20Website/Historical%20Documents/Earl%20Warren/revised_final_doc.pdf Earl Warren High School Transcripts], source courtesy [http://www.khsd.k12.ca.us/bhs/Archiving%20Website/Historical_Documents_EarlWarren.htm Bakersfield High School]
*[http://www.msana.com/emapr06.asp More information on Earl Warren and his Masonic Career.]
*[http://www.americanrhetoric.com/speeches/earlwarrenjfkeulogy.htm Earl Warren's Eulogy for John F. Kennedy]
*[http://hoohila.stanford.edu/commonwealth/programView.php?programID=24 "California 1946," (Dec 21, 1945)]. A speech by Earl Warren from the [http://content.cdlib.org/view?docId=kt3g5032c1&brand=oac Commonwealth Club of California Records] at the [http://www.hoover.org/hila/ Hoover Institution Archives].
*{{Find a Grave|1072|accessdate=September 2, 2010}}
* [http://www.khsd.k12.ca.us/bhs/Archiving%20Website]
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{{succession box |before= Ezra Decoto| |title=Alameda County District Attorney |years=1925-1939 |after= Ralph E. Hoyt}}
{{succession box |before= [[Ulysses S. Webb]]| |title=[[California Attorney General]] |years= 1939–1943 |after= [[Robert W. Kenny]]}}
{{succession box |title=[[Chief Justice of the United States]] | before=[[Fred M. Vinson]] | after=[[Warren E. Burger]] | years=October 2, 1953 – June 23, 1969}}
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{{succession box |title=[[Governor of California]] | before=[[Culbert Olson]] | after=[[Goodwin Knight]] | years=1943–1953}}
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{{succession box |title=[[List of United States Republican Party presidential tickets|Republican Party Vice Presidential nominees]] | before=[[John W. Bricker]] | after=[[Richard Nixon]] | years=[[U.S. presidential election, 1948|1948]]}}
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{{Persondata
|NAME=Warren, Earl
|ALTERNATIVE NAMES=
|SHORT DESCRIPTION=[[United States federal judge]]
|DATE OF BIRTH=March 19, 1891
|PLACE OF BIRTH=[[Los Angeles, California]]
|DATE OF DEATH=July 9, 1974
|PLACE OF DEATH=[[Washington, D.C.]]
}}
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[[Category:1891 births]]
[[Category:1974 deaths]]
[[Category:American Protestants]]
[[Category:American people of Norwegian descent]]
[[Category:American people of Swedish descent]]
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[[Category:California Attorneys General]]
[[Category:California Republicans]]
[[Category:Chief Justices of the United States]]
[[Category:District attorneys]]
[[Category:Governors of California]]
[[Category:Members of the Warren Commission]]
[[Category:People from Bakersfield, California]]
[[Category:Presidential Medal of Freedom recipients]]
[[Category:Recess appointments]]
[[Category:Republican Party (United States) vice presidential nominees]]
[[Category:Republican Party state governors of the United States]]
[[Category:United States Army officers]]
[[Category:United States federal judges appointed by Dwight D. Eisenhower]]
[[Category:United States presidential candidates, 1936]]
[[Category:United States presidential candidates, 1948]]
[[Category:United States presidential candidates, 1952]]
[[Category:United States vice-presidential candidates, 1948]]
[[Category:University of California, Berkeley alumni]]
[[Category:University of California, Berkeley School of Law alumni]]

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Revision as of 02:52, 4 August 2011

Earl Warren
14th Chief Justice of the United States
In office
October 2, 1953[1] – June 23, 1969
Nominated byDwight D. Eisenhower
Preceded byFred M. Vinson
Succeeded byWarren E. Burger
30th Governor of California
In office
January 4, 1943 – October 5, 1953
LieutenantFrederick Houser (1943–1947)
Goodwin Knight (1947–1953)
Preceded byCulbert Olson
Succeeded byGoodwin Knight
20th Attorney General of California
In office
January 3, 1939 – January 4, 1943
GovernorCulbert Olson
Preceded byUlysses S. Webb
Succeeded byRobert W. Kenny
Alameda County District Attorney
In office
1925–1939
Preceded byEzra Decoto
Succeeded byRalph E. Hoyt
Personal details
Born(1891-03-19)March 19, 1891
Los Angeles, California
DiedJuly 9, 1974(1974-07-09) (aged 83)
Washington, D.C.
SpouseNina Elisabeth Meyers
Alma materUniversity of California, Berkeley
Signature
Military service
Branch/serviceUnited States Army
Years of service1917–1918
Rank First Lieutenant

Earl Warren (March 19, 1891 – July 9, 1974) was the 14th Chief Justice of the United States Supreme Court and one of only two people to be elected Governor of California three times. Before holding these positions, Warren served as a district attorney for Alameda County, California and Attorney General of California. He is best known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending school prayer, and requiring "one-man-one vote" rules of apportionment. He made the Court a power center on a more even base with Congress and the presidency especially through four landmark decisions: Brown v. Board of Education (1954), Gideon v. Wainwright (1963), Reynolds v. Sims (1964), and Miranda v. Arizona (1966).

As governor of California, Warren was a very popular Republican and popular across party lines, so much so that in the 1946 gubernatorial election he won the nominations of the Democratic, Progressive, and Republican parties and was reelected virtually without opposition. His tenure as Chief Justice was as divisive as his governorship was unifying. Liberals generally hailed the landmark rulings issued by the Warren Court which affected, among other things, the legal status of racial segregation, civil rights, separation of church and state, and police arrest procedure in the United States. In the years that followed, the Warren Court became recognized as a high point in the use of judicial power in the effort to effect social progress in the United States. Warren himself became widely regarded as one of the most influential Supreme Court justices in the history of the United States and perhaps the single most important jurist of the 20th century.

In addition to the constitutional offices he held, Warren was also the vice-presidential nominee of the Republican Party in 1948, and chaired the Warren Commission, which was formed to investigate the 1963 assassination of President John F. Kennedy.

Constitutional historian Melvin I. Urofsky concludes that, "Scholars agree that as a judge, Warren does not rank with Louis Brandeis, Black, or Brennan in terms of jurisprudence. His opinions were not always clearly written, and his legal logic was often muddled."[2][3] His strength lay in his public gravitas, his leadership skills and in his firm belief that the Constitution guaranteed natural rights and that the Court had a unique role in protecting those rights.[4][5]

Political conservatives attacked his rulings as inappropriate and have called for courts to be deferential to the elected political branches. Political liberals sometimes argued[6] that the Warren Court went too far in some areas, but insist that most of its controversial decisions struck a responsive chord in the nation and have become embedded in the law.[7][dubiousdiscuss]

Education, early career, and military service

Army 1st Lieutenant Warren in 1918

Earl Warren was born in Los Angeles, California, on March 19, 1891 to Methias H. Warren, a Norwegian immigrant, and Crystal Hernlund, a Swedish immigrant. Methias Warren was a longtime employee of the Southern Pacific Railroad. After the father was blacklisted for joining in a strike, the family moved to Bakersfield, California, in 1894, where the father worked in a railroad repair yard, and the son had summer jobs in railroading. Warren always recalled how big corporations could dominate the lives of their employees and how powerless minority members were when faced with discrimination.

Earl grew up in Bakersfield, California where he attended Washington Junior High and Kern County High School (now called Bakersfield High School). It was in Bakersfield that Warren's father was murdered during a robbery by an unknown killer. Warren graduated the University of California, Berkeley, (B.A. 1912) in Legal Studies, and Boalt Hall, LL.B. in 1914. He was a member of The Gun Club secret society,[8] and the Sigma Phi Society, a fraternity with which he maintained lifelong ties. Warren was admitted to the California bar in 1914. He was strongly influenced by Hiram Johnson and other leaders of the Progressive Era to oppose corruption and promote democracy.[9]

Warren worked a year for an oil company and then joined Robinson & Robinson, a law firm in Oakland. In August 1917, Warren enlisted in the U.S. Army for World War I service. Assigned to the 91st Division at Camp Lewis, Washington, 1st Lieutenant Earl Warren was discharged in 1918. He served as a clerk of the Judicial Committee for the 1919 Session of the California State Assembly (1919–1920), and as the deputy city attorney of Oakland (1920–25). At this time Warren came to the attention of powerful Republican Joseph R. Knowland, publisher of The Oakland Tribune. In 1925, Warren was appointed district attorney of Alameda County. Warren was re-elected to three four-year terms. Warren vigorously investigated allegations that a deputy sheriff was taking bribes in connection with street-paving arrangements. He was a tough-on-crime district attorney (1925–1939) who professionalized the DA's office. Warren cracked down on bootlegging and had a reputation for high-handedness, but none of his convictions were overturned on appeal. On the other hand the Warren Court later declared unconstitutional some of the standard techniques he and other DAs used in the 1920s, such as coerced confessions and wiretapping.[10]

Warren soon gained a statewide reputation as a tough, no-nonsense district attorney who fought corruption in government; a 1931 survey voted listed him as the best district attorney in the country. He ran his office in a nonpartisan manner and strongly supported the autonomy of law enforcement agencies. But he also believed that police and prosecutors had to act fairly, and much of what would later lie at the heart of the Warren Court's revolution in criminal justice can be traced back to his days as an active prosecuting attorney.[11]

Family

Warren married Swedish-born widow Nina Elisabeth Palmquist on October 4, 1925 and had six children. Mrs. Warren died in Washington, at age 100 on April 24, 1993. Warren is the father of Virginia Warren; she married veteran radio and television personality John Charles Daly, on December 22, 1960. They had three children, two boys and a girl.

Attorney General of California

In 1938 he won the primaries in all major parties, thanks to a system called "cross filing," and was elected without serious opposition. Once elected he organized state law enforcement officials into regions and led a statewide anti-crime effort. One of his major initiatives was to crack down on gambling ships operating off the coast of Southern California.[12]

As Attorney General, Warren is most remembered for being the moving force behind Japanese internment during the war—the compulsory removal of people of Japanese descent to inland internment camps away from the war zone along the coast. Following the Japanese Attack on Pearl Harbor in December 1941, Warren organized the state's civilian defense program, warning in January, 1942, that, "The Japanese situation as it exists in this state today may well be the Achilles heel of the entire civilian defense effort."[13] Throughout his lifetime, Warren maintained that this seemed to be the right decision at the time.[14]

Governor of California

Photo as Governor of California

Running as a Republican, Warren was elected Governor of California on November 3, 1942, defeating incumbent Culbert Olson, a liberal Democrat. Thanks to cross-filing he won all the 1946 primaries and was reelected with over 90% of the vote against minor candidates. He was elected to a third term (as a Republican) in 1950 becoming the first person elected governor of California three times. Warren is the only man who has been sent to office in three consecutive California gubernatorial elections. An amendment passed in 1990 sets a limit of two terms for governor. In 2010, Jerry Brown became the second person to be elected three times, in 1974, 1978, and 2010. As he served before the amendment was passed he was not prohibited from serving another term.

As governor Warren modernized the office of governor, and state government generally. Like most progressives, Warren believed in efficiency and planning. During World War II he aggressively pursued postwar economic planning. Fearing another postwar decline that would rival the depression years, Governor Earl Warren initiated public works projects similar to those of the New Deal to capitalize on wartime tax surpluses and provide jobs for returning veterans. Warren also built up the state's higher education system based on the University of California and its vast network of small universities and community colleges.[15] For example, his support of the Collier-Burns Act in 1947 raised gasoline taxes that funded a massive program of freeway construction. Unlike states where tolls or bonds funded highway construction, California's gasoline taxes were earmarked for building the system. Warren's support for the bill was crucial because his status as a popular governor strengthened his views, in contrast with opposition from trucking, oil, and gas lobbyists. The Collier-Burns Act helped influence passage of the Federal-Aid Highway Act in 1956, setting a pattern for national highway construction.[16]

Warren ran for Vice President of the United States in 1948 on the Republican ticket with Thomas Dewey. Heavily favored to win, they lost in a stunning upset to incumbent President Harry Truman and his VP running mate Alben Barkley.

U.S. Supreme Court

Earl Warren

Appointed to Supreme Court

In 1952, Warren stood as a "favorite son" candidate of California for the Republican nomination for President, hoping to be a power broker in a convention that might be deadlocked. But Warren had to head off a revolt by Senator Richard M. Nixon who supported General Dwight D. Eisenhower. Eisenhower and Nixon were elected, and the bad blood between Warren and Nixon was apparent. Eisenhower offered, and Warren accepted, the post of solicitor general, with the promise of a seat on the Supreme Court. But before it was announced, Chief Justice Fred M. Vinson unexpectedly died in September 1953 and Eisenhower picked Warren to replace him as Chief Justice of the United States.[17] The president wanted an experienced jurist who could appeal to liberals in the party as well as law-and-order conservatives, noting privately that Warren "represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court.... He has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court".[18] In the next few years Warren led the Court in a series of liberal decisions that revolutionized the role of the Court. Eisenhower later remarked that his appointment was "the biggest damned-fool mistake I ever made."[19]

As of 2011, Warren was the last Supreme Court justice to have served as Governor of a U.S. state, the last justice to have been elected to statewide elected office, and the last serving politician to be elevated to the Supreme Court.

The Warren Court

Warren took his seat October 5, 1953 on a recess appointment; the Senate confirmed him on March 1, 1954. Despite his lack of judicial experience, his years in the Alameda County district attorney's office and as state attorney general gave him far more knowledge of the law in practice than most other members of the Court had. Warren's greatest asset, what made him in the eyes of many of his admirers "Super Chief," was his political skill in manipulating the other justices. Over the years his ability to lead the Court, to forge majorities in support of major decisions, and to inspire liberal forces around the nation, outweighed his intellectual weaknesses. Warren realized his weakness and asked the senior associate justice, Hugo L. Black, to preside over conferences until he became accustomed to the drill. A quick study, Warren soon was in fact as well as in name the Court's chief justice.[20]

All the justices had been appointed by Franklin D. Roosevelt or Truman, and all were committed New Deal liberals. They disagreed about the role that the courts should play in achieving liberal goals. The Court was split between two warring factions. Felix Frankfurter and Robert H. Jackson led one faction, which insisted upon judicial self-restraint and insisted courts should defer to the policymaking prerogatives of the White House and Congress. Hugo Black and William O. Douglas led the opposing faction; they agreed the court should defer to Congress in matters of economic policy, but felt the judicial agenda had been transformed from questions of property rights to those of individual liberties, and in this area courts should play a more activist role. Warren's belief that the judiciary must seek to do justice placed him with the activists, although he did not have a solid majority until after Frankfurter's retirement in 1962.[21]

Decisions

Warren was a more liberal justice than anyone had anticipated.[22] Warren was able to craft a long series of landmark decisions because he built a winning coalition. When Frankfurter retired in 1962 and President John F. Kennedy named labor lawyer Arthur Goldberg to replace him, Warren finally had the fifth liberal vote for his majority. William J. Brennan, Jr., a liberal Democrat appointed by Eisenhower in 1956, was the intellectual leader of the activist faction that included Black and Douglas. Brennan complemented Warren's political skills with the strong legal skills Warren lacked. Warren and Brennan met before the regular conferences to plan out their strategy.[23]

Brown (1954)

Brown v. Board of Education 347 U.S. 483 (1954) banned the segregation of public schools. The very first case put Warren's leadership skills to an extraordinary test. The NAACP had been waging a systematic legal fight against the "separate but equal" doctrine enunciated in Plessy v. Ferguson (1896) and finally had challenged Plessy in a series of five related cases, which had been argued before the Court in the spring of 1953. However the justices had been unable to decide the issue and ordered a reargument of the case in fall 1953, with special attention to whether the Fourteenth Amendment's equal protection clause prohibited the operation of separate public schools for whites and blacks.[24]

While all but one justice personally rejected segregation, the self-restraint faction questioned whether the Constitution gave the Court the power to order its end, especially since the Court, in several cases decided subsequent to Plessy, had upheld the doctrine of "separate but equal" as constitutional.[25] The activist faction believed the Fourteenth Amendment did give the necessary authority and were pushing to go ahead. Warren, who held only a recess appointment, held his tongue until the Senate, dominated by southerners, confirmed his appointment. Warren told his colleagues after oral argument that he believed racial segregation violated the Constitution and that only if one considered African Americans inferior to whites could the practice be upheld. But he did not push for a vote. Instead, he talked with the justices and encouraged them to talk with each other as he sought a common ground on which all could stand. Finally he had eight votes, and the last holdout, Stanley Reed of Kentucky, agreed to join the rest. Warren drafted the basic opinion in Brown v. Board of Education (1954) and kept circulating and revising it until he had an opinion endorsed by all the members of the Court.[26]

The unanimity Warren achieved helped speed the drive to desegregate public schools, which mostly came about under President Richard M. Nixon. Throughout his years as Chief, Warren succeeded in keeping all decisions concerning segregation unanimous. Brown applied to schools, but soon the Court enlarged the concept to other state actions, striking down racial classification in many areas. Congress ratified the process in the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Warren did compromise by agreeing to Frankfurter's demand that the Court go slowly in implementing desegregation; Warren used Frankfurter's suggestion that a 1955 decision (Brown II) include the phrase "all deliberate speed."[27]

The Brown decision of 1954 marked, in dramatic fashion, the radical shift in the Court's—and the nation's—priorities from issues of property rights to civil liberties. Under Warren the courts became an active partner in governing the nation, although still not coequal. Warren never saw the courts as a backward-looking branch of government.

The Brown decision was a powerful moral statement clad in a weak constitutional analysis; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black. Instead, he believed that in all branches of government common sense, decency, and elemental justice were decisive, not stare decisis, tradition or the text of the Constitution. He wanted results. He never felt that doctrine alone should be allowed to deprive people of justice. He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.[28]

Reapportionment

The "one man, one vote" cases (Baker v. Carr and Reynolds v. Sims) of 1962–1964 had the effect of ending the over-representation of rural areas in state legislatures, as well as the under-representation of suburbs. Central cities—which had long been under-represented—were now losing population to the suburbs and were not greatly affected.

Warren's priority on fairness shaped other major decisions. In 1962, over the strong objections of Frankfurter, the Court agreed that questions regarding malapportionment in state legislatures were not political issues, and thus were not outside the Court's purview. For years underpopulated rural areas had deprived metropolitan centers of equal representation in state legislatures. In Warren's California, Los Angeles County had only one state senator. Cities had long since passed their peak, and now it was the middle class suburbs that were underepresented. Frankfurter insisted that the Court should avoid this "political thicket" and warned that the Court would never be able to find a clear formula to guide lower courts in the rash of lawsuits sure to follow. But Douglas found such a formula: "one man, one vote."[29]

In the key apportionment case Reynolds v. Sims (1964)[30] Warren delivered a civics lesson: "To the extent that a citizen's right to vote is debased, he is that much less a citizen," Warren declared. "The weight of a citizen's vote cannot be made to depend on where he lives. This is the clear and strong command of our Constitution's Equal Protection Clause." Unlike the desegregation cases, in this instance, the Court ordered immediate action, and despite loud outcries from rural legislators, Congress failed to reach the two-thirds needed pass a constitutional amendment. The states complied, reapportioned their legislatures quickly and with minimal troubles. Numerous commentators have concluded reapportionment was the Warren Court's great "success" story.[31]

Due process and rights of defendants (1963-66)

In Gideon v. Wainwright, 372 U.S. 335 (1963) the Court held that the Sixth Amendment required that all indigent criminal defendants receive publicly-funded counsel (Florida law, consistent with then-existing Supreme Court precedent reflected in the case of Powell v. Alabama, required the assignment of free counsel to indigent defendants only in capital cases); Miranda v. Arizona, 384 U.S. 436 (1966) required that certain rights of a person interrogated while in police custody be clearly explained, including the right to an attorney (often called the "Miranda warning").

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues into the 21st century. Warren took the lead in criminal justice; despite his years as a tough prosecutor, he always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrantless searches to forced confessions.

Warren’s Court ordered lawyers for indigent defendants, in Gideon v. Wainwright (1963), and prevented prosecutors from using evidence seized in illegal searches, in Mapp v. Ohio (1961). The famous case of Miranda v. Arizona (1966) summed up Warren's philosophy.[32] Everyone, even one accused of crimes, still enjoyed constitutionally protected rights, and the police had to respect those rights and issue a specific warning when making an arrest. Warren did not believe in coddling criminals; thus in Terry v. Ohio (1968) he gave police officers leeway to stop and frisk those they had reason to believe held weapons.

Conservatives angrily denounced the "handcuffing of the police."[33] Violent crime and homicide rates shot up nationwide; in New York City, for example, after steady to declining trends until the early 1960s, the homicide rate doubled in the period from 1964-74 from just under 5 per 100,000 at the beginning of that period to just under 10 per 100,000 in 1974. After 1992 the homicide rates fell sharply.[34]

First Amendment

The Warren Court's activism stretched into a new turf, especially First Amendment rights. The Court's decision outlawing mandatory school prayer in Engel v. Vitale (1962) brought vehement complaints that echoed into the 21st century.[35]

Warren worked to nationalize the Bill of Rights by applying it to the states. Moreover, in one of the landmark cases decided by the Court, Griswold v. Connecticut (1963), the Warren Court announced a constitutionally protected right of privacy.[36]

With the exception of the desegregation decisions, few decisions were unanimous. The eminent scholar Justice John Marshall Harlan II took Frankfurter's place as the Court's self-constraint spokesman, often joined by Potter Stewart and Byron R. White. But with the appointment of Thurgood Marshall, the first black justice, and Abe Fortas (replacing Goldberg), Warren could count on six votes in most cases.[37]

Retirement delayed

President and First Lady Kennedy with Chief Justice and Mrs. Warren, November 1963

In June 1968, Warren, fearing that Nixon would be elected president that year, worked out a retirement deal with President Johnson. Associate Justice Abe Fortas, who was secretly Johnson's top adviser, brokered the deal in which Fortas would become chief justice. The plan was foiled by the Senate, which ripped into Fortas's record and refused to confirm him. Warren remained on the Court, and Nixon was elected. In 1969 Warren learned that Fortas had made a secret lifetime contract for $20,000 a year to provide private legal advice to Louis Wolfson, a friend and financier in deep legal trouble; Warren immediately demanded and got Fortas' resignation.[38]

Warren presided over the Court's October 1968 term and retired in spring 1969; Nixon named Warren E. Burger to succeed him. Burger, despite his distinguished profile and conservative reputation, was not effective in stopping Brennan's liberalism, so the "Warren Court" remained effective until about 1986, when William Rehnquist became Chief Justice and took control of the agenda.[39]

Warren Commission

President Johnson demanded in the name of patriotic duty that Warren head the governmental commission that investigated the assassination of John F. Kennedy. It was an unhappy experience for Warren, who did not want the assignment. As a judge, he valued candor and justice, but as a politician he recognized the need for secrecy in some matters. He insisted that the commission report should be unanimous, and so he compromised on a number of issues in order to get all the members to sign the final version. But many conspiracy theorists have attacked the commission's findings ever since, claiming that key evidence is missing or distorted and that there are many inconsistencies in the report. The Commission concluded that the assassination was the result of a single individual, Lee Harvey Oswald, acting alone.[40][41] Fears of possible Soviet or Cuban foreign involvement in the assassination necessitated the establishment of a bipartisan commission that, in turn, sought to depoliticize Oswald's role by downplaying his Communist affiliations. The commission weakened its findings by not sharing the government's deepest secrets. The report's lack of candor furthered antigovernment cynicism, which in turn stimulated conspiracy theorists who propounded any number of alternative scenarios, all mutually contradictory.[42][43]

Legacy

Earl Warren had a profound impact on the Supreme Court and United States of America. As Chief Justice, his term of office was marked by numerous rulings on civil rights, separation of church and state, and police arrest procedure in the United States.

His critics found him a boring person. "Although Warren was an important and courageous figure and although he inspired passionate devotion among his followers...he was a dull man and a dull judge," wrote Dennis J. Hutchinson.[44]

The first Impeach Earl Warren sign, posted in San Francisco in October of 1958

Warren retired from the Supreme Court in 1969. He was affectionately known by many as the "Superchief", although he became a lightning rod for controversy among conservatives: signs declaring "Impeach Earl Warren" could be seen around the country throughout the 1960s. The unsuccessful impeachment drive was a major focus of the John Birch Society.[45]

As Chief Justice, he swore in Presidents Eisenhower (in 1957), Kennedy (in 1961), Johnson (in 1965) and Nixon (in 1969).

Death

Five and a half years after his retirement, Warren died in Washington, D.C., on July 9, 1974.[46] His funeral was held at Washington National Cathedral and his body was buried at Arlington National Cemetery.[47]

Honors

On December 5, 2007, California Governor Arnold Schwarzenegger and First Lady of California Maria Shriver inducted Warren into the California Hall of Fame, located at The California Museum for History, Women and the Arts.[48] The Earl Warren Bill of Rights Project is named in his honor. He was awarded the Presidential Medal of Freedom posthumously in 1981. An extensive collection of Warren's papers, including case files from his Supreme Court service, is located at the Manuscript Division of the Library of Congress in Washington, D.C. Most of the collection is open for research.

Earl Warren Hall at University of California, Berkeley was designed to architecturally accommodate this Mongolian Oak.[49]

Various things are named in his honor. In 1977, Fourth College, one of the six undergraduate colleges at the University of California, San Diego, was renamed Earl Warren College in his honor. The California State Building in San Francisco, a middle school in Solana Beach, California, elementary schools in Garden Grove and Lake Elsinore, California, a middle school in his home town of Bakersfield, California, high schools in San Antonio, Texas (Earl Warren High School) and Downey, California, and a building at the high school he attended (Bakersfield High School) are named for him, as are the showgrounds in Santa Barbara, California. The freeway portion of State Route 13 in Alameda County is the Warren Freeway.

He was honored by the United States Postal Service with a 29¢ Great Americans series postage stamp.

Electoral history

See also

Articles about his time as Chief Justice Template:Multicol

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Articles about his time before becoming Chief Justice

Cultural references

In the 1992 Simpsons episode "Itchy and Scratchy: The Movie", Marge frets over Bart's poor behavior and lack of self-discipline, to the point that she imagines a future adult version of him as an overweight, slovenly, male stripper, instead of the Chief Justice of the Supreme Court, which she had previously hoped for. When she then urges her husband Homer to subsequently punish their ten-year-old boy, his initial reluctance to do so prompts her to ask, "Do you want your son to become Chief Justice of the Supreme Court, or a sleazy male stripper?", to which Homer responds, "Can't he be both, like the late Earl Warren?" When Marge corrects him by saying, "Earl Warren wasn't a stripper!", Homer replies dismissively, "Now who's being naïve?" [65]

References

  1. ^ "Federal Judicial Center: Earl Warren". 2009-12-12. Retrieved 2009-12-12. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  2. ^ Melvin I. Urofsky, "Warren, Earl" in Dictionary of American Biography, Supplement 9, (1994) p 838
  3. ^ Lawrence S. Wrightsman, The psychology of the Supreme Court (2006) p 211; Priscilla Machado Zotti, Injustice for all: Mapp vs. Ohio and the Fourth Amendment (2005) p. 11
  4. ^ Melvin I. Urofsky, The Warren court: justices, rulings, and legacy (2001) p. 157
  5. ^ Lucas A. Powe, The Warren Court and American Politics (2000) pp 499-500
  6. ^ Melvin I. Urofsky The Warren court: justices, rulings, and legacy (2001) p xii, says "But sometimes it went too far, and the work of the Burger Court in part consisted of correcting those excesses." L. A. Scot Powe, The Warren court and American politics (2000): p 101, reports "a fear not only among conservatives but among moderates as well as some liberals that the Justices had gone too far in protecting individual rights and in so doing had moved into the legislative domain."
  7. ^ Powe (2000) ch 19
  8. ^ "National Affairs: EARL WARREN, THE 14th CHIEF JUSTICE". Time. October 12, 1953. Retrieved May 1, 2010.
  9. ^ G. Edward White, Earl Warren, a public life (1982) ch 1
  10. ^ White (1982) p. 43-44
  11. ^ White (1982) ch 2
  12. ^ White (1982) pp. 44-67
  13. ^ White (1982 pp 69
  14. ^ His biographer says Warren was "The most visible and effective California public official advocating internment." White (1982) p. 71
  15. ^ John Aubrey Douglass, "Earl Warren's New Deal: Economic Transition, Postwar Planning, and Higher Education in California." Journal of Policy History 2000 12(4): 473-512
  16. ^ Daniel J. B. Mitchell, "Earl Warren's Fight for California's Freeways: Setting a Path for the Nation," Southern California Quarterly 2006 88(2): 205-238 34p.
  17. ^ It was not as payoff for campaign work, says White (1982) p. 148; but Henry J. Abraham, Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed. 1992) p 255 suggests Ike owed Warren some gratitude. Eisenhower said he owed Warren nothing.
  18. ^ Personal and confidential To Milton Stover Eisenhower, 9 October 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, (1996) doc. 460.
  19. ^ [www.pbs.org/wnet/supremecourt/democracy/robes_warren.html]
  20. ^ White (1982) pp 159-61
  21. ^ MichaEl R. Belknap, The Supreme Court under Earl Warren, 1953-1969 (2005) pp. 13-14
  22. ^ In later years Eisenhower remarked several times that making Warren the Chief Justice was a mistake. He probably had the criminal cases in mind, not Brown. See David. A. Nichols, Matter of Justice: Eisenhower and the Beginning of the Civil Rights Revolution (2007) pp 91-93
  23. ^ Powe (2000)
  24. ^ See Smithsonian, “Separate is Not Equal: Brown v. Board of Education’’
  25. ^ See, e.g., Cumming v. Richmond County Board of Education, Berea College v. Kentucky, Gong Lum v. Rice, Missouri ex rel. Gaines v. Canada, and Sweatt v. Painter
  26. ^ For text see BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954)
  27. ^ Robert L. Carter, "The Warren Court and Desegregation," Michigan Law Review, Vol. 67, No. 2 (Dec., 1968), pp. 237-248 in JSTOR
  28. ^ Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001)
  29. ^ James A. Gazell, "One Man, One Vote: Its Long Germination," The Western Political Quarterly, Vol. 23, No. 3 (Sep., 1970), pp. 445-462 in JSTOR
  30. ^ See REYNOLDS v. SIMS, 377 U.S. 533 (1964)
  31. ^ Robert B. McKay, "Reapportionment: Success Story of the Warren Court." Michigan Law Review, Vol. 67, No. 2 (Dec., 1968), pp. 223-236 in JSTOR
  32. ^ See MIRANDA v. ARIZONA, 384 U.S. 436 (1966)
  33. ^ Ronald Kahn and Ken I. Kersch, eds. The Supreme Court and American Political Development (2006) online at p. 442
  34. ^ Thomas Sowell, The Vision of the Anointed: Self-congratulation as a Basis for Social Policy (1995) online at p. 26-29
  35. ^ See ENGEL v. VITALE, 370 U.S. 421 (1962)
  36. ^ See Griswold v. Connecticut (No. 496) 151 Conn. 544, 200 A.2d 479, reversed
  37. ^ Michal R. Belknap, The Supreme Court under Earl Warren, 1953-1969 (2005)
  38. ^ Artemus Ward, "An Extraconstitutional Arrangement: Lyndon Johnson and the Fall of the Warren Court" White House Studies 2002 2(2): 171-183
  39. ^ Stephen L. Wasby, "Civil Rights and the Supreme Court: A Return of the Past," National Political Science Review, July 1993, Vol. 4, pp 49-60
  40. ^ The Warren Commission Report: Report of the President's Commission on the Assassination of President John F. Kennedy by President's Commission on The Assassination (1964)
  41. ^ Newton (2006) pp 415-23, 431-42
  42. ^ Max Holland, "The key to the Warren report," American Heritage, Nov 95, Vol. 46 Issue 7, pp 50-59
  43. ^ Earl Warren was portrayed by real life New Orleans district attorney Jim Garrison in JFK, the Oliver Stone film about the assassination and Garrison's investigation of it.
  44. ^ in Hail to the Chief: Earl Warren and the Supreme Court, 81 Mich. L. Rev. 922, 930 (1983).
  45. ^ Political Research Associates, "John Birch Society"
  46. ^ "Earl Warren (1891-1974)". Earl Warren College. Archived from the original on 2007-10-18. Retrieved 2007-12-21.
  47. ^ Woodward, Bob (2005). The Brethren: Inside the Supreme Court. New York, New York: Siomn & Schustler. p. 385. ISBN 0-7432-7402-4. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  48. ^ Warren inducted into California Hall of Fame, California Museum, Accessed 2007
  49. ^ "Notable Trees of Berkeley" (flash). Retrieved 2010-02-25.
  50. ^ Our Campaigns – CA US President – R Primary Race – May 05, 1936
  51. ^ Our Campaigns – US President – R Primaries Race – Feb 01, 1936
  52. ^ Our Campaigns – CA Governor – R Primary Race – Aug 25, 1942
  53. ^ Our Campaigns – CA Governor – D Primary Race – Aug 25, 1942
  54. ^ Our Campaigns – CA Governor Race – Nov 03, 1942
  55. ^ Our Campaigns – CA US President – R Primary Race – May 16, 1944
  56. ^ Our Campaigns – US President – R Primaries Race – Feb 01, 1944
  57. ^ Our Campaigns – CA – Governor – R Primary Race – Jun 05, 1946
  58. ^ Our Campaigns – CA – Governor – D Primary Race – Jun 05, 1946
  59. ^ Our Campaigns – CA Governor Race – Nov 05, 1946
  60. ^ Our Campaigns – US President – R Primaries Race – Feb 01, 1948
  61. ^ Our Campaigns – US President – R Convention Race – Jun 21, 1948
  62. ^ Our Campaigns – US Vice President – R Convention Race – Jun 21, 1948
  63. ^ Our Campaigns – CA Governor Race – Nov 07, 1950
  64. ^ Our Campaigns – US President – R Primaries Race – Feb 01, 1952
  65. ^ "SNPP.com: "Itchy and Scratchy: The Movie" episode capsule". Retrieved 2011-07-03.

Further reading

  • Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
  • Belknap, Michael, The Supreme Court Under Earl Warren, 1953-1969 (2005), 406pp excerpt and text search
  • Cray, Ed. Chief Justice: A Biography of Earl Warren (1997), the most comprehensive biography; highly favorable; strong on politics excerpt and text search
  • Horwitz, Morton J. The Warren Court and the Pursuit of Justice (1999) excerpt and text search
  • Lewis, Anthony. "Earl Warren" in Leon Friedman and Fred L. Israel, eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Volume: 4. (1997) pp 1373–1400; includes all members of the Warren Court. online edition
  • Newton, Jim. Justice for All: Earl Warren and the Nation He Made (2006), solid biography by journalist excerpt and text search
  • Patterson, James T. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001) online edition
  • Powe, Lucas A.. The Warren Court and American Politics (2000) excerpt and text search
  • Scheiber, Harry N. Earl Warren and the Warren Court: The Legacy in American and Foreign Law (2006)
  • Schwartz, Bernard. The Warren Court: A Retrospective (1996) excerpt and text search
  • Schwartz, Bernard. "Chief Justice Earl Warren: Super Chief in Action." Journal of Supreme Court History 1998 (1): 112-132
  • Tushnet, Mark. The Warren Court in Historical and Political Perspective (1996) excerpt and text search
  • White, G. Edward. Earl Warren, a public life (1982) ISBN 0-19-503121-0, by a leading scholar
  • Woodward, Robert and Armstrong, Scott. The Brethren: Inside the Supreme Court (1979). ISBN 978-0-380-52183-8; ISBN 0-380-52183-0. ISBN 978-0-671-24110-0; ISBN 0-671-24110-9; ISBN 0-7432-7402-4; ISBN 978-0-7432-7402-9.

Primary Sources

  • Time Magazine. "The Chief," Time Nov. 17, 1967
  • Warren, Earl. The Memoirs of Earl Warren (1977), goes only to 1954
  • Warren, Earl. The Public Papers of Chief Justice Earl Warren, ed. by Henry M. Christman; (1959), speeches and decisions, 1946-1958 online edition.
  • Rawls, James J. "The Earl Warren Oral History Project: an Appraisal." Pacific Historical Review 1987 56(1): 87-97. Begun during the 1960s by the Bancroft Library's Regional Oral History Office, the collection includes more than 50 volumes of interviews recorded and transcribed during 1971-81, totaling about 12,000 pages.
Legal offices
Preceded by
Ezra Decoto
Alameda County District Attorney
1925-1939
Succeeded by
Ralph E. Hoyt
Preceded by California Attorney General
1939–1943
Succeeded by
Preceded by Chief Justice of the United States
October 2, 1953 – June 23, 1969
Succeeded by
Political offices
Preceded by Governor of California
1943–1953
Succeeded by
Party political offices
Preceded by Republican Party Vice Presidential nominees
1948
Succeeded by

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