Chief Justice of the Supreme Court of the United States from 1953 to 1969 (1891–1974)
Earl Warren (19 March 1891 – 9 July 1974) was an American politician and jurist who served as 30th governor of California from 1943 to 1953 and as the 14th chief justice of the U.S. Supreme Court from 1953 to 1969. The "Warren Court" presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966) and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He is the last chief justice to have served in an elected office before entering the Supreme Court, and is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.
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The abhorrence of society to the use of involuntary confessions does not turn alone on their inherent untrustworthiness. It also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; that, in the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves.
Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
Citizenship is man's basic right, for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen. He has no lawful claim to protection from any nation, and no nation may assert rights on his behalf. His very existence is at the sufferance of the state within whose borders he happens to be. In this country, the expatriate would presumably enjoy, at most, only the limited rights and privileges of aliens, and, like the alien, he might even be subject to deportation, and thereby deprived of the right to assert any rights. This government was not established with power to decree this fate. The people who created this government endowed it with broad powers. They created a sovereign state with power to function as a sovereignty. But the citizens themselves are sovereign, and their citizenship is not subject to the general powers of their government. Whatever may be the scope of its powers to regulate the conduct and affairs of all persons within its jurisdiction, a government of the people cannot take away their citizenship simply because one branch of that government can be said to have a conceivably rational basis for wanting to do so.
Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is a bedrock of our political system.
When an individual is taken into custody or otherwise deprived of his freedom by the authorities and is subjected to questioning . . . he must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority … I believe that if majorities are entitled to have their civil rights protected they should be willing to fight for the same rights to minorities no matter how violently they disagree with their views. Further, I am convinced that this is the only way they can be preserved. I believe that the American concept of civil rights should include not only an observance of our Constitutional Bill of Rights, but also absence of arbitrary action by government in every field.
The Brown case and the changes it brought causes many people to believe that it was the most important case of my tenure on the Court. That appraisal may be correct, but I have never thought so. It seemed to me that accolade should go to the case of Baker v. Carr (1962), which was the progenitor of the "one man, one vote" rule.