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Judicial Hubris and the Constitutional Revolution

Earl Warren, former Governor of California and vice presidential candidate in 1948 on the Republican ticket headed by Thomas E. Dewey, was appointed Chief Justice of the Supreme Court by President Eisenhower in 1953 and remained in office until 1969. In return for Warren's support at the 1952 Republican Convention, Eisenhower promised that, if elected, he would name Warren to the first Supreme Court vacancy. To Eisenhower's dismay, within a year it was the position of Chief Justice that became available, and Eisenhower was prevailed upon to make the appointment.

As Horwitz, a Harvard professor of legal history, points...