POLISCI 361 Lecture Notes - Lecture 3: Burger Court, First Amendment To The United States Constitution, Backtracking

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Document Summary

Before 1937 court developed doctrines used to strike economic and social welfare policies of states and fed govt. During great depression court used negative doctrines against new deal. Fdr elected by landslide in 1936 introduces court reform plan to enable fdr to name up to 6 new justices to create pro new deal majority. Golden age of civil liberties was the 2nd part of the warren court from 1962-1969. Post warren court (burger court) backtracking in criminal procedures and some other areas but dramatic steps forward with gender equality. Justice stone states courts new approach to civil liberties. Footnote 4 is the most famous footnote in american constitutional law. Presumption of constitutionality will not necessarily apply when govt allegedly violates civ lib or rights of minorities stated what the supreme court was up to and that it was moving full force into civil liberties.

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