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23 Vand. L. Rev. 205 (1969-1970)
The Warren Court: Completion of a Constitutional Revolution

handle is hein.journals/vanlr23 and id is 217 raw text is: VANDERBILT LAW REVIEW VOLUME 23 MARCH, 1970 NUMBER 2 The Warren Court: Completion of a Constitutional Revolution William F. Swindler* With the retirement of Chief Justice Earl Warren fron the United States Supreme Court, the time coies Jbr the critics to step away in favor of the historians. In this article, Professor Swindler brings the finished era into historical perspective with analysis of the personalities, the issues, and the decisions of the Warren Court. He sees the Court not only as the innovative and provocative organ to which popular opinion has been directed, but also as a culmination of a long-terni cycle of constitutional development. I. A THIRTY-YEAR CYCLE In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the public accomodations definition of the Civil Rights Act of 1964.2 It rejected a North Carolina county's request to reinstate a literacy test for voter registration on the ground that the county had not met its burden of proving that for the past five years, under the Voting Rights Act of 1965, such a test had not been used for voter disfranchisement on a racial basis. It applied the confrontation clause of the sixth amendment to state criminal * Professor of Law, Marshall-Wythe School of Law, College of William and Mary; General Counsel, Virginia Commission on Constitutional Revision (1968). I. United States v. Board of Educ., 395 U.S. 225 (1969). 2. Daniel v. Paul, 395 U.S. 298 (1969). 3. Gaston County v. United States, 395 U.S. 285 (1969).

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