What if Thomas Dewey became Chief Justice in 1953? (user search)
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  What if Thomas Dewey became Chief Justice in 1953? (search mode)
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Author Topic: What if Thomas Dewey became Chief Justice in 1953?  (Read 227 times)
MarkD
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« on: June 21, 2022, 09:19:31 AM »

I have absolutely no idea what kind of jurisprudence Dewey would have brought to the bench, or what the power of the bench might have tempted Dewey to do, but one thing I do believe about what you said in your post is that I have only one objection to any of the "rights of the criminally accused" decisions rendered by the Warren Court: the only one I think they got wrong was Robinson v. California. I do not have any objection to any of the other famous, landmark decisions that the Warren Court rendered on the subject of the accused person's enumerated constitutional rights - not Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, or Katz v. United States. Decisions like those, and many others, are clearly based on valid interpretations of rights enumerated in the Bill of Rights and appropriately incorporated into the Privileges or Immunities Clause of the Fourteenth Amendment. "Conservatives" who have complained about decisions like Mapp and Miranda have never said one thing that, to me, is persuasive legal argument that the Constitution does not guarantee the rights recognized by the Court in those cases. Richard Nixon and Ronald Reagan campaigned on opposition to the Warren Court's protection of the rights of the accused, but that was merely politicians trying to pander for votes.
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