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Confronting Modern Case Law, Part 2
Defends school prayer bans and 'one person, one vote', but critiques the exclusionary rule as a judicial fabrication.
Lecture guide · Written by AI from the lecture. For the lecture’s own words, open the Transcript tab.
Examines the Warren Court's rulings on school prayer, the exclusionary rule, and voting rights, followed by an overarching evaluation of the court's fidelity to the Constitution. Akhil Reed Amar argues that while the court reached for the wrong clauses at times, its core vision transformed American society and remains accepted across the political spectrum, with the single exception of the exclusionary rule.
This lecture assumes
- Federalismtaught in Congressional Powers, Part 1 at 13:58
- Fourteenth Amendmenttaught in Whose Constitution Do We Actually Live In? at 12:13 and 1 more
Key Takeaways
- The Warren Court eliminated organized, state-sponsored school prayer to protect religious liberty and equality.
- The exclusionary rule of Mapp v. Ohio prevents illegally obtained evidence from being used in court, but is criticized for freeing the guilty.
- The 'one person, one vote' principle established in Reynolds v. Sims required equal district populations for state and federal legislative seats.
- The Warren Court's rulings are largely accepted by both liberals and conservatives today, with the sole exception of the exclusionary rule.
Concepts Explained4
Incorporation—The legal doctrine through which the Bill of Rights is applied against state and local governments.
Exclusionary Rule—A legal rule stating that evidence acquired by the government in violation of the Fourth Amendment cannot be used in a criminal trial against a defendant.
One person, one vote—The constitutional principle that legislative voting districts must be roughly equal in population.
Malapportionment—The unequal representation in electoral districts, historically often favoring white rural areas over black urban areas.
Examples, Proofs & Derivations
Works & Sources Cited8
Case
Brown v. Board of Education—Supreme Court, 1954, regarding school segregation.
Case
Bolling v. Sharpe—Companion case to Brown v. Board of Education.
Case
New York Times Co. v. Sullivan—Landmark free expression case protecting robust and uninhibited speech.
Case
Mapp v. Ohio—Early 1960s Supreme Court case extending the exclusionary rule to the states.
Case
Reynolds v. Sims—Supreme Court case establishing the one person, one vote principle.