Geoffrey R. Stone - Democracy and Equality: The Enduring Constitutional Vision of the Warren Court

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N A L I E N A B L E R I G H T S S E R I E S

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SERIES EDITOR

Geoffrey R. Stone

Lee C. Bollinger

President

Columbia University

Erwin Chemerinsky

Jesse H. Choper Distinguished Professor of Law and Dean

University of California at Berkeley School of Law

Alan M. Dershowitz

Felix Frankfurter Professor of Law, Emeritus

Harvard Law School

Laura K. Donohue

Professor of Law

University of Chicago Law School

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Howard Gillman

Chancellor of the University of California Irvine

Pamela S. Karlan

Kenneth and Harle Montgomery Professor of Public Interest Law

Stanford Law School

Michael J. Klarman

Kirkland & Ellis Professor of Law and History

Harvard Law School

Lawrence Lessig

Edmund J. Safra Professor of Law

Harvard Law School

Goodwin Liu

Professor of Law

University of California at Berkeley School of Law

Michael W. McConnell

Richard and Frances Mallery Professor of Law

Stanford Law School

Martha C. Nussbaum

Ernst Freund Distinguished Service Professor, Philosophy, Law, Divinity, South Asian Studies

University of Chicago

Eric A. Posner

Kirkland & Ellis Distinguished Service Professor of Law

University of Chicago Law School

Richard A. Posner

Judge

U.S. Court of Appeals for the Seventh Circuit

Jack N. Rakove

William Robertson Coe Professor of History and American Studies

Stanford University

Louis Michael Seidman

Carmack Waterhouse Professor of Constitutional Law

Georgetown University Law Center

Christopher H. Schroeder

Charles S. Murphy Professor of Law

Duke Law School

Stephen J. Schulhofer

Robert B. McKay Professor of Law

New York University School of Law

Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor

University of Chicago Law School

David A. Strauss

Gerald Ratner Distinguished Service Professor of Law

University of Chicago Law School

Nadine Strossen

John Marshall Harlan II Professor of Law

New York Law School

Cass R. Sunstein

Robert Walmsley University Professor

Harvard Law School

Laurence H. Tribe

Carl M. Loeb University Professor of Law

Harvard Law School

Mark V. Tushnet

William Nelson Cromwell Professor of Law

Harvard Law School

J. Harvie Wilkinson III

Judge

U.S. Court of Appeals for the Fourth Circuit

Geoffrey Stone and Oxford University Press gratefully acknowledge the interest and support of the following organizations in the Inalienable Rights series: The ALA; The Chicago Humanities Festival; The American Bar Association; The National Constitution Center; The National Archives

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Oxford University Press 2020

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Library of Congress Cataloging-in-Publication Data

Names: Stone, Geoffrey R., author. | Strauss, David A., author.

Title: Democracy and equality : the enduring constitutional vision of the

Warren court / Geoffrey R. Stone, David A. Strauss.

Description: Oxford, United Kingdom ; New York, NY : Oxford University Press, 2019.

Identifiers: LCCN 2019009452 | ISBN 9780190938208 (hardback) |

ISBN 9780190938215 (updf) | ISBN 9780190938222 (epub)

Subjects: LCSH: Civil rightsUnited StatesCasesHistory. |

Equality before the lawUnited StatesCasesHistory. |

Constitutional lawUnited StatesCases. |

United States. Supreme CourtCasesHistory. |

Constitutional historyUnited StatesCases. |

Warren, Earl, 18911974.

Classification: LCC KF4745 .S76 2019 | DDC 342.7308/5dc23

LC record available at https://lccn.loc.gov/2019009452

For Cass Sunstein, great friend and colleague

violated the principle of one person, one vote, many of them grotesquely so. Government officials could sue their critics for ruinous damages for incorrect statements, even if the critics acted in good faith. Members of the Communist Party and other dissenters could be criminally prosecuted for their speech. Married couples could be denied access to contraception. Public school teachers led their classes in overtly religious prayers. Police officers could interrogate suspects without telling them their rights. People were convicted of crimes on the basis of evidence that police officers had seized illegally. And criminal defendants who could not afford a lawyer had no right to a public defender.