A Study On The Guarantee Of Civil Society Rights By Warren Court In The United States

Since the end of World War II,the concept of social rights of citizens has attracted extensive attention in Europe and the United States.For the American society at that time,since the Roosevelt New Deal,the American government has changed its previous attitude toward laissez-faire of economic and social management.The US government has accelerated the establishment of a social security system and initially formed a guarantee for the social rights of citizens.After World War II,social rights of citizens could not be further protected due to the constraints of the Cold War and the conservative forces in the United States.With the awakening of the rights awareness of American people,there are a large number of cases requiring the protection of civil society rights to appeal to the Federal Supreme Court.The Warren Court in 1953-1969 changed the previous attitude of Supreme Court toward judicial restraint and took the initiative to respond to the issue of civil society rights protection.It was also the most creative period for the Supreme Court since the Marshall court.Its main contribution lies in the positive judicial activism and judicial philosophy to try a large number of cases to protect the rights of civil society.The Warren Court has declared the long-term legislation restricting the protection of civil society rights unconstitutional in a series of cases through the application of due process and equal protection clauses in the First Amendment to the Constitution and the Fourteenth Amendment to the Constitution.The maintenance of racial equality,freedom of expression,equality of elections,and separation of church and state was achieved.Through the method of absorption,the Bill of Rights is bound to the legislation of each state,and the use of the concept of "living constitution" enriches the connotation of the constitution and makes it more positive in Chinese and American society.The Warren Court's judicial practice of guaranteeing civil society rights has realized the value change of judicial review from property rights to personal rights,completed the modernization of judicial review,promoted thevigorous development of the civil rights movement,and set off a new "rights revolution." It has a positive and profound impact on accelerating the legislation of US civil rights security,building an American-style welfare state,advancing the process of American social equalization and the world's human rights protection cause.