CULTURAL AND LEGAL CHANGE IN THE VIETNAM ERA

CULTURAL AND LEGAL CHANGE IN THE VIETNAM ERA Counter Culture Warren and Burger Courts Supreme Court Decisions

WHY THE COUNTERCULTURE? The 1960s saw a widening of the generation

gap.  Young Americans were not satisfied with the values of their parents

They were disillusioned by the discovery that American society was not free of racism, sexism, imperialism, and oppression

The baby-boom generation was now graduating from high school and moving into college

Many students regarded the war as American imperialism.  Others thought that it was a civil war that should be left for the Vietnamese to fight alone

3 P’s – youthful population bulge, protest against racism and the Vietnam War, and the apparent permanence of prosperity

COUNTERCULTURE Many Americans in the 1960s began to look

for alternatives to traditional patterns of living.  Young people, in particular, adopted values that ran counter to, or against, the mainstream culture.  This is called the counterculture

People’s appearances reflected the social changes that were taking place.  Hippies – people who were “hip,” or aware of the latest styles - wanted to look different.  They wore blue jeans with bell bottoms, T-shirts, and had long hair, sideburns, and beards

THE SEXUAL REVOLUTION Partly caused by the introduction of the birth-

control pill Led to more open discussion of sexual

subjects.  Newspapers, magazines, and books published articles that might not have been printed a few years earlier

More and more people simply lived together as couples, without getting married

Increased worries in the 1980s about sexually transmitted disease like genital herpes and AIDS slowed, but didn’t reverse, the sexual revolution

DRUGS Many members of the counterculture turned

to psychedelic drugs.  These powerful chemicals cause the brain to behave abnormally.  Users of these drugs experience hallucinations and other altered perceptions of reality

Marijuana and LSD use became widespread The possibility of death from an overdose or

from an accident while under the influence of drugs became much greater than before

CHURCHES DECLINE The weekly churchgoing rate declined from

48% in the late 1950s, to 41% in the early 1970s

Protestant denominations suffered the most Educated Americans became more secular,

while the less educated became more religious

Catholics changed some of their traditions:Stopped Latin languageMeatless Fridays were done away withNo Gregorian chants

FREE SPEECH MOVEMENT In September 1964 at

the University of California at Berkeley, students became angry when the administration refused to allow them to distribute antiwar leaflets outside the main campus.  However, the students distributed the leaflets anyhow

The university decided to hold student leaders responsible for their actions and filed charges against them

In December 1964, thousands of students protested.  700 were arrested

The agitation at Berkeley spread to other campuses across the U.S.

WOODSTOCK MUSIC AND ART FAIR In New York in 1969, 400,000 members of the

counterculture came together For 4 days, people sat and listened to bands

playing.  Police avoided confrontations at the Woodstock festival by choosing not to enforce drug laws

The people who attended recalled the event with something of a sense of awe for the fellowship they experienced there

END OF THE COUNTERCULTURE?

Ended because:They had grown olderHad children of their ownCivil rights movement endedThe war endedEconomic stagnation beganNeeded a job in the system

CULTURAL AND LEGAL CHANGE IN THE VIETNAM ERA Counter Culture Warren and Burger Courts Supreme Court Decisions

THREE BRANCHES (REVIEW) Executive – President Legislative – Congress Judicial – Supreme Court and Lesser Courts

POWER TO MAKE THE COURTS (REVIEW) "The judicial power of the United States, shall

be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

-U.S. Constitution

Judiciary Act of 1789 and 1801 Organized federal judiciary Supreme Court = Six Members

John Jay became first Chief Justice Established federal courts in each state Authorized the Supreme Court to review state

court decisions

JUDICIARY ACT (REVIEW)

FEDERAL JUDICIARY TODAY (REVIEW)

SUPREME COURT (REVIEW) Supreme Court

consists of 9 supreme court justices.

The head of the Supreme Court is the Chief Justice

APPOINTMENT TO THE SUPREME COURT (REVIEW) Presidents have the constitutional power to

nominate Supreme Court Justices. Senate approves Supreme Court nominees Members of the Supreme Court are

appointed for life.

DUTY OF THE SUPREME COURT (REVIEW) Marbury v. Madison:

Established Judicial Review. The Role of the judicial branch to evaluate the constitutionality of legislative and executive branches.

WARREN AND BURGER COURTS Chief Justice Earl

Warren Appointed by

Eisenhower Served 1953-1969

WARREN AND BURGER COURTS Chief Justice Earl

Warren Appointed by

Eisenhower Served 1953-1969

Chief Justice Warren E. Burger Appointed Nixon Served 1969-1986

CULTURAL AND LEGAL CHANGE IN THE VIETNAM ERA Counter Culture Warren and Burger Courts Supreme Court Decisions

RELIGION

ENGEL V. VITALE (1962) Held that a prayer created by the New York

State Board of Regents was unconstitutional Even though this prayer was “non-

denominational,” the Court held that state-sponsored prayer of any type went against the First Amendment’s separation of church and State

SCHOOL DISTRICT OF ABINGTON TOWNSHIP V. SCHEMPP (1963) Over whether a State pass a law requiring

each public school day to begin with readings from the Bible

The Supreme Court said no because public schools cannot sponsor religious exercises

DUE PROCESS

GIDEON V. WAINWRIGHT (1963) Supreme Court held that all persons charged

with a felony (later expanded to other charges) must be provided legal counsel

ESCOBEDO V. ILLINOIS (1964) Supreme Court held that the police must

honor a person’s request to have an attorney present during interrogation

MIRANDA V. ARIZONA (1966) The Supreme Court provided an arrested

person with the right to:Remain silentBe told that whatever he said could be

used against himTo be represented by an attorneyTo have a lawyer even if he could not

afford oneTo one phone call to obtain a lawyer

FURMAN V. GEORGIA (1972) The Supreme Court ruled that the death

penalty was unconstitutional unless fairly applied (judges and juries were given too much discretion in deciding the death penalty)

To apply the death penalty fairly, there must first be a trial to settle the issue of guilt or innocence and a second hearing to decide whether the circumstances justify a sentence of death

CIVIL RIGHTS

HEART OF ATLANTA MOTEL V. U.S. (1964) A motel operator refused to serve an African

American customer The Supreme Court upheld the Civil Rights

Act of 1964, which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas

GRISWOLD V. CONNECTICUT (1965) The Supreme Court struck down a State law

that prohibited the use of contraceptives, even among married couples

The Court proclaimed a “right of privacy.”

ROE V. WADE Many states outlawed or severely restricted

access to abortion.  In 1973, the Supreme Court legalized

abortion.  The justices based their decision on a constitutional right to personal privacy (in the 14th Amendment) and struck down state regulation of abortion in the first three months of pregnancy