Salute to Chief Justice Warren E. Burger, 1907-1995; two controversial opinions helped maintain liberty
Article Abstract:
Former US Supreme Court Chief Justice Warren Burger in at least two cases took radical positions in defense of liberty. His controversial opinions in Bivens v Six Narcotics Agents and Richmond Newspapers v Virginia demonstrate his far-sightedness. In Bivens, Burger authored a dissent in which he criticized the exclusionary rule and proposed legislation to provide monetary compensation for police misconduct. In the Richmond Newspapers case, Burger cited the Ninth Amendment for the protection of rights not expressly enumerated in the Constitution.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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A transitional chief justice with a contradictory record
Article Abstract:
As Chief Justice of the US, Warren Burger left a mixed record of success, troubled leadership, and reforms that expanded the scope and power of the institutions he claimed should be reduced. Supposedly a champion of judicial restraint, he greatly expanded judicial power; a foe of the bureaucracy of big government, in some ways he increased it. His intellectual contribution to the court appears negligible. His legacy ultimately falls between that claimed by his boosters and his critics.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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He was not what they expected
Article Abstract:
Former US Supreme Court Chief Justice Warren Burger helped create a more activist court than many observers predicted. Appointed in 1969 when President Nixon sought to satisfy his campaign pledge to appoint strict constructionists and political conservatives to the bench, Burger hewed to that line in criminal cases, but his court handled constitutional issues expansively.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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