Warren Earl Burger
15th Chief Justice of the United States
In office June 23, 1969 – September 26, 1986
Nominated by	Richard Nixon
Preceded by	Earl Warren
Succeeded by	William Rehnquist
Born	September 17, 1907(1907-09-17) Saint Paul, Minnesota
Died	June 25, 1995 (aged 87) Washington, DC
Alma mater	University of Minnesota, Saint Paul College of Law
Religion	Presbyterian

Warren Earl Burger (September 17, 1907 – June 25, 1995) was Chief Justice of the United States Supreme Court from 1969 to 1986. 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 U Events 1180 - First Battle of Uji, starting the Genpei War in Japan 1305 - The Flemish Year 1969 ( MCMLXIX) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. Events 46 BC - Julius Caesar dedicates a Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 1907 ( MCMVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year Saint Paul ( abbreviated St Paul) is the capital and second most populous city in the U Minnesota ( Native Americans demonstrated the name to early settlers Events 524 - Battle of Vézeronce, the Franks defeat the Burgundians Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D Alma mater is Latin for "nourishing mother" It was used in Ancient Rome as a title for the mother Goddess, and in Medieval The University of Minnesota Twin Cities ( U of M or The U) is the oldest and largest part of the University of Minnesota system. William Mitchell College of Law is a Law school located in St Presbyterianism is a family of Christian denominations within the Reformed branch of Protestant Western Christianity Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 1907 ( MCMVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year Events 524 - Battle of Vézeronce, the Franks defeat the Burgundians Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 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 U The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Although Burger was a conservative and considered a strict constructionist, under his leadership, the United States Supreme Court delivered a variety of transformative decisions on abortion, capital punishment, religious establishment, and school desegregation. Strict constructionism refers to a particular legal philosophy of Judicial interpretation that limits or restricts judicial interpretation The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. An Capital punishment of a Felon in the United States, in modern times is employed and in practice only in cases involving murder The Establishment Clause of the First Amendment refers to the first of several pronouncements in the First Amendment to the United States Constitution, stating that " Desegregation is the process of ending Racial segregation, most commonly used in reference to the United States. He worked hard for the adoption of modern management techniques in the nation's judicial system.

Early years

Burger was born in Saint Paul, Minnesota, one of seven children. Saint Paul ( abbreviated St Paul) is the capital and second most populous city in the U His parents were of Swiss German descent. Swiss German ( Schweizerdeutsch, Schwyzerdütsch, Schwiizertüütsch, Schwizertitsch) is any of the Alemannic dialects spoken His grandfather, Joseph Burger, had emigrated from Switzerland and joined the Union Army when he was 14. Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The Union Army was the army that fought for the Union during the American Civil War. Joseph Burger fought and was wounded in the Civil War, and was awarded the Medal of Honor. Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South The Medal of Honor is the highest military decoration awarded by the United States government.

Warren Burger grew up on the family farm near the edge of Saint Paul. He attended John A. Johnson High School, where he was president of the student council. Johnson Senior High School is a comprehensive high school for grades 9–12 in Saint Paul Minnesota. 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 Saint Paul that still exists. The Robert Street Bridge is a reinforced concrete multiple-arch bridge that spans the Mississippi River in downtown St The Mississippi River is the second longest River in the United States, with a length of from its source in Lake Itasca in Minnesota to 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.

In 1937, Burger served as the eighth president of the Saint Paul Jaycees. Junior Chamber International ( JCI) is a worldwide federation of young leaders and Entrepreneurs.

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. Saint Paul ( abbreviated St Paul) is the capital and second most populous city in the U The University of Minnesota Twin Cities ( U of M or The U) is the oldest and largest part of the University of Minnesota system. He then enrolled at what was then known as the Saint Paul College of Law, now known as William Mitchell College of Law, receiving his degree in 1931. William Mitchell College of Law is a Law school located in St He took a job at the firm of Boyensen, Otis and Faricy, initially owned by Sam Biglari. (which became Faricy, Burger, Moore & Costello). He also taught for twelve years at Saint Paul College of Law. Harry Blackmun, his future colleague on the Supreme Court of the United States, was a longtime friend and best man at Burger's wedding, although they grew apart during their service on the Court. Harry Andrew Blackmun ( November 12, 1908 &ndash March 4, 1999) was an Associate Justice of the Supreme Court of the United States The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary.

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. Minnesota ( Native Americans demonstrated the name to early settlers Harold Edward Stassen ( April 13, 1907 March 4, 2001) was the 25th Governor of Minnesota from 1939 to 1943 and a later Perennial In 1952, at the Republican convention, he played a key role in Dwight D. Eisenhower's nomination by delivering the Minnesota delegation. Dwight David "Ike" Eisenhower (October 14 1890 – March 28 1969 was President of the United States from 1953 until 1961 and a five-star general After he was elected, President Eisenhower appointed Burger as the Assistant Attorney General in charge of the Civil Division of the Justice Department. Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department

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. 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 Burger lost the case. Shortly after, Burger appeared in a case defending the U. S. against claims from the Texas City ship explosion disaster, successfully arguing that the Federal Tort Claims Act of 1947 did not allow a suit for negligence in policy making; the U. The Texas City Disaster of April 16, 1947, started with the mid-morning fire and detonation of approximately 2300 tons of Ammonium nitrate on board the S. won the case (Dalehite, et al. , vs. United States 346 U. S. 15 (1953)). In 1956, Eisenhower appointed him to a position on the United States Court of Appeals for the District of Columbia Circuit. The United States Court of Appeals for the District of Columbia Circuit, known informally as the D He remained on the Court of Appeals for 13 years.

National prominence

Painting of Burger

Burger's road to the Supreme Court was not direct. In 1968, Chief Justice Earl Warren announced his retirement after 15 years on the Court, effective on the confirmation of his successor. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice President Lyndon B. Johnson nominated sitting Associate Justice Abe Fortas to the position, but a Senate filibuster blocked his confirmation. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Abraham Fortas ( June 19, 1910 – April 5, 1982) was a US Supreme Court associate justice. A filibuster, or "talking out a bill", is a form of obstruction in a Legislature or other decision-making body With Johnson's term as President about to expire before another nominee could be considered, Warren remained in office for another Supreme Court term.

In 1969, President Richard M. Nixon nominated Burger to the Chief Justice position. Burger had first caught Nixon's eye when the magazine U.S. News and World Report had reprinted a 1967 speech that Burger had given at Ripon College, in which he compared the United States judicial system to those of Norway, Sweden, and Denmark:

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. USNews & World Report is an influential weekly American Newsmagazine published in Washington D Ripon College is a liberal arts college in Ripon Wisconsin, USA Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation. The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe [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. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure 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 known as a critic of Chief Justice Warren and an advocate of a literal, strict-constructionist reading of the U.S. Constitution. Strict constructionism refers to a particular legal philosophy of Judicial interpretation that limits or restricts judicial interpretation The Constitution of the United States of America is the supreme Law of the United States. Nixon's agreement with these views, being expressed by a readily confirmable, sitting federal appellate judge, let to the appointment. The Senate confirmed Burger to succeed Warren, who in turn swore in the new chief on June 23, 1969. Events 1180 - First Battle of Uji, starting the Genpei War in Japan 1305 - The Flemish Year 1969 ( MCMLXIX) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. In his presidential campaign, Nixon had pledged to appoint a strict constructionist as Chief Justice.

Chief Justice

According to President Nixon's memoirs, Nixon in the spring of 1970 had asked Justice Burger to be prepared to run for President in 1972 if the political repercussions of the Cambodia invasion were too negative for Nixon to endure. The Cambodian Campaign (also known as the Cambodian Incursion) was a series of military operations conducted in eastern Cambodia during the late spring and summer A few years later, in 1971 and 1973, Burger was on Nixon's short list of vice-presidential replacements for Vice President Spiro Agnew, along with John Connally, Ronald Reagan, and Nelson Rockefeller. Spiro Theodore Agnew ( November 9, 1918 September 17, 1996) was the thirty-ninth Vice President of the United States (and the first John Bowden Connally Jr ( February 27 1917 June 15 1993) was a powerful American politician, serving as Governor Nelson Aldrich Rockefeller ( July 8, 1908 January 26, 1979) was the forty-first Vice President of the United States, the forty-ninth

When Burger was nominated for the Chief Justiceship, many expected that the Burger Court would rule markedly differently from the Warren Court and might in fact overturn controversial Warren Court precedent. By the early 1970s, however, it became apparent that Burger was not going to turn the clock back on the rulings of the Warren Court and in fact might extend some Warren Court doctrines.

The Court issued a unanimous ruling, Swann v. Charlotte-Mecklenburg Board of Education (1971) supporting busing to reduce de facto racial segregation in schools. Swann v Charlotte-Mecklenburg Board of Education, 402 US 1 ( 1971) was an important United States Supreme Court case dealing with the Desegregation busing in the United States (also known as forced busing or busing) is the practice of attempting to integrate schools by assigning students to 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. United States v US District Court, 407 US 297 ( 1972) also known as the Keith case, was a landmark United States Supreme Court 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. Furman v Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty Capital punishment of a Felon in the United States, in modern times is employed and in practice only in cases involving murder 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 abortions before the point of viability. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively An

Burger was a strong opponent of gay rights as he wrote a famous concurring opinion in the Court's 1986 decision upholding a Georgia law criminalizing sodomy (Bowers v. Hardwick), in which Burger purported to marshal historical evidence that laws criminalizing homosexuality were of ancient vintage. Lesbian Gay Bisexual and Transgender social movements share related goals of social acceptance of Homosexuality, Bisexuality and Transgenderism Lesbian Bowers v Hardwick,, was a United States Supreme Court decision that upheld the constitutionality of a Georgia Sodomy law that criminalized Chief Justice Burger pointed out that the famous legal author William Blackstone wrote that sodomy was a "'crime against nature'. Sir William Blackstone (originally pronounced Blexstun ( 10 July 1723 &ndash 14 February 1780) was an English Jurist and . . of 'deeper malignity than rape,' a heinous act 'the very mention of which is a disgrace to human nature' and 'a crime not fit to be named'" (106 S. Ct. at 2841).

With Betty Ford between them, Chief Justice Burger (R) swears in President Gerald Ford (L) following the resignation of President Richard Nixon. Elizabeth Anne Bloomer Warren Ford (born April 8 1918 is the widow of former United States Gerald Rudolph Ford Jr (July 14 1913 December 26 2006 was the thirty-eighth President of the United States, serving from 1974 to 1977 and the fortieth Vice President

Burger also emphasized the maintenance of checks and balances between the branches of government. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance On July 24, 1974 he led the court in a unanimous 8-0 decision in United States v. Nixon. Events 1132 - Battle of Nocera between Ranulf II of Alife and Roger II of Sicily. Year 1974 ( MCMLXXIV) was a Common year starting on Tuesday (link will display full calendar of the 1974 Gregorian calendar. This is about the 1974 case on the powers of President Richard Nixon This was President Nixon's attempt to keep several memos and tapes relating to the Watergate scandal private. The Watergate scandals were a series of Political scandals during the presidency of Richard Nixon that resulted in the Indictment of several of Nixon's The ongoing scandal caused Nixon to resign in order to avoid impeachment. Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official 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. Immigration and Naturalization Service v Chadha, 462 US 919 ( 1983) was a United States Supreme Court case ruling that the Legislative

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. Gregg v Georgia, Proffitt v Florida, Jurek v Texas, Woodson v Solem v Helm,, was a United States Supreme Court case concerned with the scope of the Eighth Amendment protection from cruel and unusual punishment

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. The National Center for State Courts ( NCSC) is a Non-profit organization charged with improving judicial administration in the United States and around the world Williamsburg is a city located on the Virginia Peninsula in the Hampton Roads region in southeastern Virginia The Commonwealth of Virginia ( is an American state He initiated the annual State of the Judiciary speech given by the Chief Justice to the American Bar Association. The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific Some detractors thought his emphasis on the mechanics of the judicial system trivialized the office of Chief Justice.

Burger was the subject of internal controversy on the Supreme Court throughout his tenure. Woodward and Armstrong's The Brethren depicted Burger as a weak chief justice who was not seriously respected by his colleagues due to alleged personal eccentricity and lack of legal acumen. Woodward and Armstrong's sources indicated that some of the other justices were annoyed by Burger's practice of switching his vote in conference, or simply not announcing his vote, in order that he be able to control opinion assignments.

Retirement and Death

Burger retired on September 26, 1986, in part to lead the campaign to mark the 1987 bicentennial of the United States Constitution. Events 46 BC - Julius Caesar dedicates a Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) The Constitution of the United States of America is the supreme Law of the United States. In 1988, he was awarded the prestigious United States Military Academy's Sylvanus Thayer Award as well as the Presidential Medal of Freedom. "USMA" redirects here For other uses see USMA (disambiguation The United States Military Academy (also known as USMA, The Sylvanus Thayer Award is an award that is given each year by the United States Military Academy at West Point The Presidential Medal of Freedom is a decoration bestowed by the President of the United States and is along with the equivalent Congressional Gold Medal bestowed He died in 1995 of congestive heart failure at the age of 87 in Washington, D.C.. Heart failure is a Cardiac condition that occurs when a problem with the structure or function of the Heart impairs its ability to supply Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D He drafted his own one-page will, which did not give the executor the power to pay debts, taxes, and administration expenses (probate, etc. Probate is the Legal process of settling the estate of a deceased person specifically resolving all claims and distributing the decedent's Property ; see Will), the upshot of which was that his estate was subjected to avoidable probate procedures and to substantial death taxes. In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property 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. The College of William and Mary (officially The College of William and Mary in Virginia, also known as William & Mary or W&M) is a Public university A Chancellor is the head of a University. Other titles are sometimes used such as President or Rector.

Family

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

See also

• United States Supreme Court cases during the Burger Court

Notes

References

• Bernard Schwartz, ed. This is a chronological list of notable cases decided by the United States Supreme Court during the tenure of Chief Justice Warren Earl ; 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. Events 363 - Roman Emperor Julian is killed during the retreat from the Sassanid Empire. Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 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 Supreme Court