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Encyclopedia > Warren E. Burger
Warren Earl Burger
Warren E. Burger

In office
June 23, 1969 – September 26, 1986
Nominated by Richard Nixon
Preceded by Earl Warren
Succeeded by William Rehnquist

Born September 17, 1907
St. Paul, Minnesota
Died June 25, 1995, age 87
Washington, DC

Warren Earl Burger (September 17, 1907June 25, 1995) was Chief Justice of the United States from 1969 to 1986. Under his leadership, the United States Supreme Court delivered major decisions on abortion, capital punishment, religious establishment, and school desegregation. He worked hard for the adoption of modern management techniques in the nation's judicial system. Image File history File links Download high resolution version (1053x1480, 106 KB) Description Official portrait of Chief Justice of the United States Warren E. Burger, photographed in 1971. ... The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ... June 23 is the 174th day of the year (175th in leap years) in the Gregorian Calendar, with 191 days remaining. ... Year 1969 (MCMLXIX) was a common year starting on Wednesday (the link is to a full 1969 calendar). ... September 26 is the 269th day of the year (270th in leap years) in the Gregorian calendar. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... For the film, see The American President (film). ... Nixon redirects here. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... September 17 is the 260th day of the year (261st in leap years). ... 1907 (MCMVII) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Location in Ramsey County and the state of Minnesota. ... Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... June 25 is the 176th day of the year (177th in leap years) in the Gregorian Calendar, with 189 days remaining. ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... Aerial photo (looking NW) of the Washington Monument and the White House in Washington, DC. Washington, D.C., officially the District of Columbia (also known as D.C.; Washington; the Nations Capital; the District; and, historically, the Federal City) is the capital city and administrative district of the United... September 17 is the 260th day of the year (261st in leap years). ... 1907 (MCMVII) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... June 25 is the 176th day of the year (177th in leap years) in the Gregorian Calendar, with 189 days remaining. ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Capital punishment in the United States is officially sanctioned by 38 of the 50 states, as well as by the federal government and the military. ... Desegregation is the process of ending racial segregation, most commonly used in reference to the United States. ...

Contents

Early years

Burger was born in St. Paul, Minnesota, one of seven children. His parents were of Swiss German descent. His grandfather, Joseph Burger, had emigrated from Switzerland and joined the Union Army when he was 14. Joseph Burger fought and was wounded in the Civil War, and was awarded the Medal of Honor. State capitol building in Saint Paul Saint Paul is the capital and second-largest city of the state of Minnesota in the United States of America. ... This article or section does not cite its references or sources. ... The 21st Michigan Infantry, a company of Shermans veterans. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... The Medal of Honor is the highest military decoration awarded by the United States. ...


Warren Burger grew up on the family farm near the edge of St. Paul. He attended John A. Johnson High School, where he was president of the student council. He competed in hockey, football, track, and swimming. While in high school, he wrote articles on high school sports for local newspapers. He graduated in 1925.


That same year, Burger also worked with the crew building the Robert Street Bridge, a crossing of the Mississippi River in St. Paul that still exists. Concerned about the number of deaths on the project, he asked that a net be installed to catch anyone who fell, but was rebuffed by managers. In later years, Burger made a point of visiting the bridge whenever he came back to town. The Robert Street Bridge is a reinforced concrete multiple-arch bridge that spans the Mississippi River in downtown St. ... The Mississippi River, derived from the old Ojibwe word misi-ziibi meaning great river (gichi-ziibi big river at its headwaters), is the second-longest river in the United States; the longest is the Missouri River, which flows into the Mississippi. ...


In 1937, Burger served as the eighth President of the Saint Paul Jaycees. The United States Junior Chamber or Jaycees is an organization aimed at individuals aged 21 to 39 to help them in business and their professional careers. ...


Education

A graduate of Johnson High School in Saint Paul, Minnesota, he attended night school at the University of Minnesota while selling insurance for Mutual Life Insurance. He then enrolled at what was then known as the St. Paul College of Law, now known as William Mitchell College of Law, receiving his degree in 1931. He took a job at the firm of Boyensen, Otis and Faricy (which became Faricy, Burger, Moore & Costello). He also taught for twelve years at St. Paul College of Law. Harry Blackmun, his future colleague on the Supreme Court of the United States, was a longtime friend, although they grew apart during their service on the Court. Location in Ramsey County and the state of Minnesota. ... Washington Avenue Bridge at night The University of Minnesota, Twin Cities, almost always abbreviated U of M, and sometimes referred to as The U by locals, is the oldest and largest part of the University of Minnesota system. ... William Mitchell College of Law is located in St. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ...


Politics

His political involvement started slowly, but became powerful. He supported Minnesota governor Harold E. Stassen's unsuccessful pursuit of the Republican nomination for president in 1948. In 1952, at the Republican convention, he played a key role in Dwight D. Eisenhower's nomination by delivering the Minnesota delegation. After he was elected, President Eisenhower appointed Burger as the Assistant Attorney General in charge of the Civil Division of the Justice Department. Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... Harold Edward Stassen (April 13, 1907 - March 4, 2001) was the 25th Governor of Minnesota from 1939 to 1943. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... Eisenhower redirects here. ... Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ...


In this role, he first argued in front of the Supreme Court. The case involved John P. Peters, a Yale University Professor who worked as a consultant to the government. He had been discharged from his position on loyalty grounds. Supreme Court cases are usually argued by the Solicitor General, but he disagreed with the government's position and refused to argue the case. Burger lost the case. In 1956, Eisenhower appointed him to a position on the United States Court of Appeals for the District of Columbia Circuit. He remained on the Court of Appeals for 13 years. Yale redirects here. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ...


National prominence

Painting of Burger
Painting of Burger

His road to the Chief Justice position was not direct. In 1968, Earl Warren, the Chief Justice, announced his intention to resign. President Lyndon Johnson nominated Abe Fortas to the position, but the Senate did not confirm him. Warren then delayed his resignation for a year. President Richard Nixon nominated Burger to the position. Burger had first caught Nixon's eye when U.S. News and World Report had reprinted a 1967 speech that Burger had given at Ripon College. In it, he compared the United States judicial system to those of Norway, Sweden, and Denmark: Image File history File links Warren_Burger_Official. ... Image File history File links Warren_Burger_Official. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Lyndon Baines Johnson (August 27, 1908–January 22, 1973), often referred to as LBJ, was an American politician. ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... Nixon redirects here. ... U.S. News & World Report is a weekly newsmagazine. ... // Ripon College is a liberal arts college in Ripon, Wisconsin, USA. It was founded in 1851, but its first class of students did not enroll until 1853. ...

I assume that no one will take issue with me when I say that these North European countries are as enlightened as the United States in the value they place on the individual and on human dignity. [Those countries] do not consider it necessary to use a device like our Fifth Amendment, under which an accused person may not be required to testify. They go swiftly, efficiently and directly to the question of whether the accused is guilty. No nation on earth goes to such lengths or takes such pains to provide safeguards as we do, once an accused person is called before the bar of justice and until his case is completed.

Through speeches like this, Burger became a prominent critic of Chief Justice Earl Warren and argued in favor of a very literal, strict-constructionist reading of the U.S. Constitution. Because of these views, in 1969 President Richard Nixon appointed Burger to succeed Warren, who in turn swore in the new chief on June 23 that year. In his presidential campaign, Nixon had pledged to appoint a strict constructionist as Chief Justice. By coincidence, Burger's first and middle names were the same as the last and first names of Warren. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Nixon redirects here. ... June 23 is the 174th day of the year (175th in leap years) in the Gregorian Calendar, with 191 days remaining. ...


The Burger Court

In the early 1970s, it became apparent that Burger was not going to turn the clock back on the rulings of the Warren Court. The Court issued a unanimous ruling, Swann v. Charlotte-Mecklenburg Board of Education (1971) supporting busing to reduce de facto racial segregation in schools. In United States v. U.S. District Court (1972) the Burger Court issued another unanimous ruling against the Nixon Administration's desire to invalidate the need for a search warrant and the requirements of the Fourth Amendment to the United States Constitution in cases of domestic surveillance. Then, only two weeks later in Furman v. Georgia (1972) the court, in a 5-4 decision, invalidated all death penalty laws then in force, although Burger dissented from the decision. In the most controversial ruling of his term, Roe v. Wade (1973), Burger voted with the majority to recognize a broad right to privacy that prohibited states from banning all abortions. Swann v. ... Desegregation busing, referred to as forced busing by opponents to desegregated schools in some areas, is the practice of remedying past racial discrimination in American public schools by busing children to specific schools in an effort to counteract discriminatory school construction and district assignments. ... The Rex Theatre for Colored People, Leland, Mississippi, June 1937 Racial segregation is creamy jizz of different races in daily life when both are doing equal tasks, such as eating in a restaurant, drinking from a water fountain, using a rest room, attending school, going to the movies, or in... Holding The Court held government officials were obligated to obtain a warrant before beginning electronic surveillance even if domestic security issues were involved. ... Nixon redirects here. ... The Fourth Amendment may refer to the: Fourth Amendment to the United States Constitution - part of the Bill of Rights, it guards against unreasonable searches and seizures. ... Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... Capital punishment in the United States is officially sanctioned by 38 of the 50 states, as well as by the federal government and the military. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... Privacy is the ability of an individual or group to keep their lives and personal affairs out of public view, or to control the flow of information about themselves. ...


Burger was a strong supporter of separation of powers and the maintenance of checks and balances between the branches of government. On July 24, 1974 he led the court in a unanimous 8-0 decision in United States v. Nixon. This was President Nixon's attempt to keep several memos and tapes relating to the Watergate scandal private. The ongoing scandal caused Nixon to resign in order to avoid impeachment. In the 1983 case of Immigration and Naturalization Service v. Chadha, he held, for the majority, that Congress could not reserve a legislative veto over executive branch actions. The separation of powers (or trias politica, a term coined by French political Enlightenment thinker Montesquieu) is a model for the governance of democratic states. ... The doctrine and practice of dispersing political power and creating mutual accountability between political entities such as the courts, the president or prime minister, the legislature, and the citizens. ... July 24 is the 205th day (206th in leap years) of the year in the Gregorian Calendar, with 160 days remaining. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... Holding The Supreme Court has the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is demonstrably relevant in a criminal trial. ... The term Watergate scandal refers to a 1972 break-in of the headquarters of the Democratic National Committee at the Watergate Hotel in Washington, D.C. by members of the Richard Nixon administration. ... Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... INS v. ...


On issues involving criminal law and procedure, Burger remained reliably conservative. He joined the Court majority in voting to reinstate the death penalty in Gregg v. Georgia (1976), and, in 1983, he vigorously dissented from the Court's holding in the case of Solem v. Helm that a sentence of life imprisonment for issuing a fraudulent check in the amount of $100 constituted cruel and unusual punishment. Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. ... 463 U.S. 277 (1983) Under South Dakota Law, Helm, who had written a check from a fictitious account and had reached his seventh nonviolent felony conviction since 1964, was mandatorily sentenced to life in prison with no parole. ... The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the Glorious Revolution of 1688. ...


With William Rehnquist and Sandra Day O'Connor joining the Court during Burger's tenure on the bench, the stage was set for the more conservative consensus that has developed since the mid-1980s. William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...


Overall, Burger avoided controversy while in the Court. He often wrote only straightforward and uncontroversial opinions and avoided those in which the court was evenly split. Instead, he poured his energy into the other role of the Chief Justice, administering the nation's legal system. He initiated the National Center for State Courts[1], which is now located in Williamsburg, Virginia, the Institute for Court Management, and National Institute of Corrections to provide professional training for judges, clerks, and prison guards. He initiated the annual State of the Judiciary speech given by the Chief Justice to the American Bar Association. Some detractors thought his emphasis on the mechanics of the judicial system trivialized the office of Chief Justice. The National Center for State Courts, or NCSC, is a non-profit organization charged with improving judicial administration in the United States and around the world. ... Nickname: The Burg Location in the Commonwealth of Virginia. ... Official language(s) English Capital Richmond Largest city Virginia Beach Area  Ranked 35th  - Total 42,793 sq mi (110,862 km²)  - Width 200 miles (320 km)  - Length 430 miles (690 km)  - % water 7. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...


Burger retired on September 26, 1986, in part to lead the campaign to mark the 1987 bicentennial of the United States Constitution. In 1988, he was awarded the prestigious United States Military Academy's Sylvanus Thayer Award as well as the Presidential Medal of Freedom. He died in 1995 of congestive heart failure at the age of 87 in Washington, D.C. After his death, all of his papers were donated to the College of William and Mary where he formerly served as Chancellor of the College; however, they will not be open to the public until 2026. September 26 is the 269th day of the year (270th in leap years) in the Gregorian calendar. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... The United States Constitution is the supreme law of the United States of America. ... USMA is an acronym for the United States Military Academy at West Point, New York. ... The Sylvanus Thayer Award is a military award that is given each year by the United States Military Academy at West Point. ... The Presidential Medal of Freedom The Presidential Medal of Freedom is one of the two highest civilian awards in the United States, considered the equivalent of the Congressional Gold Medal of Honor. ... Nickname: DC, The District Motto: Justitia Omnibus (Justice for All) Location of Washington, D.C., in relation to the states Maryland and Virginia Coordinates: Federal District District of Columbia Mayor Adrian M. Fenty (D) City Council Chairperson: Vincent C. Gray (D) Ward 1: Jim Graham (D) Ward 2: Jack Evans... The College of William and Mary (also known as William and Mary or W&M) is a small, selective, coeducational public university located in Williamsburg, Virginia, United States. ... A Chancellor is the head of a university. ...


Family

He married Elvera Stromberg in 1933. They had two children, Wade Allen Burger and Margaret Elizabeth Burger. His wife died in May 1994.


Trivia

With Betty Ford between them, Chief Justice Warren Burger (R) swears in Vice President Gerald Ford (L) following the resignation of President Richard Nixon.
With Betty Ford between them, Chief Justice Warren Burger (R) swears in Vice President Gerald Ford (L) following the resignation of President Richard Nixon.
  • The Memoirs of Richard Nixon suggest, accurately or not, that in the spring of 1970 President Nixon asked him to run for President in 1972 if the political repercussions of the Cambodia invasion were too negative for Nixon to endure.
  • According to Richard Nixon's memoirs, Burger was on the short-list of vice-presidential replacements for Vice President Spiro Agnew in 1971 and 1973, along with John Connally, Ronald Reagan, and Nelson Rockefeller.
  • As Chief Justice he swore in President Nixon in 1973, President Ford in 1974, President Carter in 1977, and President Reagan in 1981 and 1985.
  • Burger is one of two Supreme Court justices to share a name with a food item (the other is Felix Frankfurter). This fact was featured on a "Jaywalking" segment of The Tonight Show and also in an episode of The Simpsons.
  • He critiqued the National Rifle Association in an 1991 interview on PBS's MacNeil/Lehrer NewsHour by stating that the Second Amendment "has been the subject of one of the greatest pieces of fraud, I repeat the word 'fraud', on the American public". [2]

Caption: Gerald R. Ford is sworn in as the 38th President of the United States by Chief Justice Warren Burger as Mrs. ... Caption: Gerald R. Ford is sworn in as the 38th President of the United States by Chief Justice Warren Burger as Mrs. ... Elizabeth Ann Bloomer Warren Ford (born April 8, 1918) is the widow of Gerald R. Ford and was First Lady of the United States from 1974 to 1977. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... For other persons named Gerald Ford, see Gerald Ford (disambiguation). ... Nixon redirects here. ... Nixon redirects here. ... In order to meet Wikipedias quality standards, this articles trivia section requires cleanup. ... John Connally, Governor of Texas, Secretary of the Treasury Connallys signature, as used on American currency John Bowden Connally, Jr. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... This does not cite its references or sources. ... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... This article or section does not cite its references or sources. ... Simpsons redirects here. ... National Rifle Association logo This article concerns the National Rifle Association of the USA. For the UK organisation, see National Rifle Association, UK The National Rifle Association, or NRA, is a non-profit group for the promotion of marksmanship, firearm safety, and the protection of hunting and personal protection firearm... The NewsHour with Jim Lehrer is an evening television news program broadcast weeknights on PBS in the United States. ... Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares the necessity for a well regulated militia, and prohibits infringement of the right of the people to keep and bear arms. ...

See also

This is a chronological list of notable cases decided by the Supreme Court of the United States during the tenures of Chief Justices Charles Evans Hughes, Harlan Fiske Stone, Fred Vinson, Earl Warren and Warren Burger (February 24, 1930 through September 26, 1986). ...

References

  • Bernard Schwartz, ed.; The Burger Court: Counter-Revolution or Confirmation? Oxford University Press, 1998
  • Linda Greenhouse, Nixon Appointee Eased Supreme Court Away from Liberal Era, New York Times, June 26, 1995.
  • Linda Greenhouse, Becoming Justice Blackmun
  • Bernard Schwartz, A History of the Supreme Court Oxford University Press
  • Bob Woodward & Scott Armstrong, The Brethren: Inside the US Supreme Court
Preceded by
Harold Montelle Stephens
Judge of the U.S. Court of Appeals for the D.C. Circuit
1956-1969
Succeeded by
Malcolm Richard Wilkey
Preceded by
Earl Warren
Chief Justice of the United States
June 23, 1969September 26, 1986
Succeeded by
William Rehnquist
The Burger Court Seal of the U.S. Supreme Court
1969: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | A. Fortas | T. Marshall
1970–1971: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun
1972–1975: Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist
1975–1981: Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens
1981–1986: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens | S.D. O'Connor

 
 

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