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1
Chapter 20: The New Frontier and the Great Society
Unit 6: Cold War
…Cold War

Essential Questions:
1. How did the unstable relationship between the United States and Soviet Union
escalate the Cold War?
2. How were the conflicts in Korea and Vietnam reflective of the Cold War tensions
between the United States and Soviet Union?
3. What economic, political, and social changes occurred in the United States during
the Cold War?

Standard: 9-12.2.7: Analyze the origins, foreign policy, events, and domestic
consequences of the Cold War
Focus Questions:
1. How did communism and capitalism divide areas of the world and create changes in
U.S. foreign policy?
2. How did communism impact the United States response within the western
hemisphere?
3. What were the results of the anti- communist hysteria on the United States home front?
4. How did the Cold War encourage advancements in education, science, and
technology?
5. How did President Johnson's Great Society affect the U.S politically, economically,
and socially?
I Can Statements:
1. I can compare and contrast communism and capitalism.
2. I can explain how the Marshall Plan reinforced the policy of containment.
3. I can evaluate how the Berlin Wall symbolized the escalations of Cold War tensions
between the United States and Soviet Union (link geography performance target).
4. I can explain the results of the Korean conflict.
5. I can discuss the how communism established in China.
6. I can explain the cause and effect of the Cuban Missile Crisis.
7. What were the results of the anti- communist hysteria on the United States home front?
2
8. How did the Cold War encourage advancements in education, science, and
technology?
9. I can discuss causes and effects of McCarythism during the Red Scare of the 1950's.
10. I can evaluate the impact Sputnik had on the U.S education system and development
of the U.S. space program.
11. I can explain how President Johnson's Great Society programs impacted poverty in
the United States.
3
Chapter 20: The New Frontier and the Great Society
Section 1: Kennedy and the Cold War
I.
The election of 1960s
A. Problems facing the U.S. in the 1960s:
1. Economic recession in the late 1950s
2. Soviet advances in space technology (sputnik and long range
missiles)
3. Fear that the U.S. was losing the Cold War (China, U-2 incident,
and Cuba)
B. The candidates in 1960
1. Richard Nixon was the Republican candidate
a. Excellent job as vice president under Eisenhower
b. Nixon didn’t want to look too conservative so he downplayed
his role as a member of the House Committee on UnAmerican Activities, that helped convict Alger Hiss of being
a communist spy
c. Nixon led in the polls until Americans watched the debates
on TV
2. John F. Kennedy was the Democratic candidate
a. Senator from Massachusetts that promised “to get America
moving again” (running mate was Lyndon Johnson)
b. People were concerned about JFK being a Roman Catholic
(separation of church and state and influence from the Pope)
and the limited experience he possessed b/c he was only 43
c. TR became president after Mckinley died in 1901 (TR was 42,
but not elected).
C. Kennedy and Nixon took part in the first televised debate on Sept 26,
1960
1. Nixon hoped to expose JFK’s greatest weakness, inexperience
2. JFK countered by receiving coaching from TV producers, and he
looked and spoke better than Nixon
3. Those watching the debate believed JFK won, those listening
to the debate believed it was a tie or Nixon was slightly better
a. Looking and sounding presidential became important
D. Reverend Martin Luther King, Jr. was arrested, along with 33 others,
for sitting at a segregated lunch counter (Atlanta, Gerogia)
1. King was eventually sentenced to months of hard labor for a
minor traffic violation
a. The Eisenhower administration and Nixon refused to take any
stand on the event
2. When Kennedy heard about the arrest and sentencing, he
phoned Coretta Scott King expressing his sympathy and had
his brother, Robert Kennedy, persuade the judge to release
King on bail
4
II.
III.
IV.
a. The African-American votes would help JFK win the
presidency
The Camelot Years
A. JFK invited some of the greatest minds in America to his inauguration,
and also invited Marian Anderson, who was once banned from singing at
Constitutional Hall
1. Eleanor Roosevelt allowed Anderson to sing at the Lincoln
Memorial in 1939
2. Kennedy proclaimed, “Ask not what your country can do for
you-ask what you can do for country.”
3. The Kennedy’s invited many celebrities to the White House, and
the press loved him
4. Kennedy had a cabinet filled with intellects:
a. Robert McNamara (president of Ford Motor Company) as
Secretary of Defense, Dean Rusk (president of the Rockefeller
Foundation) as Secretary of State, and Robert Kennedy (his
brother) as Attorney General
B. America was captivated by the Kennedy’s
1. When it was discovered that JFK could read 1,600 words a
minute, Americans enrolled in speed-reading courses
2. Jacqueline Kennedy set fashion statements every time she was in
public
3. They had two children Caroline and John
A New Military Policy (Kennedy felt the Soviets were gaining loyalties in less
developed countries)
A. Flexible response: Kennedy believed in military strength, but not always
threatening massive nuclear retaliation when dealing with foreign affairs
(introduced by Secretary of Defense Robert McNamara-served for JFK
and LBJ (1961-1968))
1. Green Berets: special military units within the army created to
stop communist rebels
2. Economic aid to developing countries
a. Strengthen their societies and block communism
3. Peace Corps: sent volunteers to work in developing countries
a. JFK mentioned it at U of Michigan in 1960 presidential
campaign
b. 700 students volunteered for a nonexistent agency
4. Alliance for Progress: in exchange for money, the countries
were expected to develop democratic reforms and encourage
capitalism
a. Corrupt politicians kept the money in Latin America
Crises over Cuba
A. Fidel Castro overthrew the Cuban dictator in 1959 (Fulgencio Batista)
1. The U.S. supported Castro thinking he would end poverty,
inequality, and bring Democracy to Cuba
5
2. Castro seized American and British oil refineries, broke up
commercial lands into communes that would be worked by
peasants
a. American sugar companies, which controlled 75% of the
crop land, appealed to the U.S. gov’t (Congress erected
trade barriers against Cuban sugar)
3. Castro relied on Soviet aid and political repression of those
who didn’t agree with him
a. About 10% of Cuba’s population went into exile in the U.S.
B. The Bay of Pigs (April 17, 1961)
1. In March 1960, President Eisenhower gave the CIA
permission to secretly train Cuban exiles for an invasion of
Cuba
a. It was thought that the exiles could invade Cuba and trigger
a mass uprising by the general population and overthrow
Castro
2. The U.S. promised to offer naval and air support
a. U.S. air strikes failed to knock out the Cuban air force (CIA
said it had succeeded)
b. When the main unit landed on Cuba, it lacked American air
support and faced 25,000 Cuban troops backed by Soviet
tanks and jets
3. Kennedy vetoed direct U.S. involvement at the last minute
a. Invasion did not spark an uprising among Cuban people
b. Invasion crushed in less than 72 hours
c. Kennedy and the US was embarrassed in front of the entire
world
4. Fidel Castro strengthened his relationship with the S.U.
a. The captives were ransomed for $53 million in food and
medical supplies
C. The Berlin Crisis (1961)
1. Nikita Khrushchev felt Kennedy was weak after the Bay of
Pigs fiasco and issued an ultimatum to the U.S.
2. The West must recognize the sovereignty of Communist East
Germany and remove all troops from West Berlin
a. Brain drain: about 3 million East Germans-20% of that
country’s population fled to West Berlin b/c it was free
from Communist rule
b. This departure weakened the economy and embarrassed the
S.U.
3. Khrushchev approved the building of the Berlin Wall, which
started on August 13, 1961
a. The S.U. built a barbed wire barrier between East and West
Berlin
b. On Nov 9, 1989, the Berlin Wall was torn down
6
4. Khrushchev claimed the wall was being built to keep Western
influence out of East Berlin
a. Kennedy realized Khrushchev was trying to stop the “Brain
Drain”
D. The Cuban Missile Crisis (1962)
1. Castro wanted the S.U. to provide him with defensive
weapons to prevent another potential U.S. invasion
a. During the summer of 1962 Khrushchev sent defensive
and offensive (nuclear) weapons to Cuba
2. October 14, 1962 a U-2 plane photographed numerous
offensive weapons pointed at the U.S., which verified U.S.
concerns
a. Even Soviet short-range nuclear missiles could reach the
U.S. in minutes (Cuba is only 90 miles away from the U.S.)
b. One Oct 22, 1962, Kennedy ordered a naval blockade of
Cuba and demanded that the Soviets remove the missiles
3. The Soviet military armed the nuclear missiles in Cuba, and
American B-52 bombers were armed with nuclear warheads in
preparation for war
a. Soviet ships, presumably, carrying more nuclear weapons
were going to be intercepted by the U.S. Navy
b. A force of over 100,000 American troops amassed in
Florida awaiting orders to invade Cuba
4. U.S. fighters, armed with nuclear weapons, protected American
U-2 spy planes as the flew over the missile sites in Cuba
a. The U.S. also launched a test missile, which the Soviets
thought was a U.S. first strike
5. On October 24, 1962, Soviet ships turned around and sailed
home
a. October 28, 1962, Khrushchev agreed to dismantle
missile bases in Cuba in return for Kennedy’s promise
not to invade Cuba
b. JFK also agreed to remove some missiles from foreign sites
E. The Cuban missile crisis was turning point in the Cold War
1. Hot line (1963): a dedicated phone line that enabled the leaders
of the two countries to communicate immediately, if needed
2. Limited Nuclear Test Ban Treaty (between SU, US, GB):
barred testing nuclear bombs in the atmosphere and under water
Section 2: The New Frontier
I.
The Promise of Progress
A. New Frontier Agenda: President JFK’s legislative program, which
included proposals to provide medical care for the elderly, to rebuild
blighted urban areas, to aid education, to bolster the national defense, to
increase international aid, and to expand the space program
7
B.
C.
D.
E.
1. JFK faced the same conservative coalition of Republicans
and Southern Democrats that had blocked Truman’s Fair
Deal
a. JFK’s slim margin of victory during the 1960 presidential
election prevented him from earning a popular mandate: a
clear indication that voters approved of his plans
b. Congress blocked 2/3rds of the president’s domestic
programs
2. Equal Pay Act: illegal to pay females less than a man for the
same job, and believed jobs should be based on the ability to
complete tasks, not gender
a. Congress supported women’s rights and believed it was
appalling for a women to earn 60% of what a man earned
for completing the same task
By 1960 America was in a recession with unemployment hovering
around 6%
1. The Department of Defense received almost a 20% budget
increase
2. Minimum wage increased to $1.25 an hour, unemployment
insurance was extended, and assistance was provided to cities
with high unemployment
Keep inflation down
1. JFK wanted laborers and businesses to agree on wage and
price controls
a. Businesses would increase salaries at consumers expense
2. JFK threatened to cancel gov’t contracts with U.S. steel b/c
the company increased prices to compensate for the pay
raises
JFK believed world-help organizations could benefit the U.S. interests
abroad
1. Peace Corps: a program of volunteer assistance to the
developing nations of Asia, Africa, and Latin America
a. People of all ages were sent to the host countries to do
whatever was needed
b. By 1968, more than 35,000 volunteers had served in 60 nations
worldwide
2. Alliance for Progress: offered economic and technical
assistance to Latin American countries
a. B/w 1961 and 1969, the U.S. invested almost $12 billion in
Latin America
b. The U.S. hoped these countries would now follow in the
footsteps of Cuba and Castro
On April 12, 1961, Soviet cosmonaut Yuri A. Gagarin became the first
human in space
1. JFK decided American would surpass the Soviets by sending
a man to the moon before the decade ended (1960s)
8
II.
a. National Aeronautics and Space Administration
(NASA) constructed new launch facilities at Cape
Canaveral, Florida, and a mission control center in
Houston, Texas
b. On July 20, 1969, Neil Armstrong stepped foot on the
surface of the moon
2. Federal funding for research and development gave rise to new
industries and new technologies (space and defense industries
expanded dramatically)
F. In 1962, the problem of poverty in America was brought to national
attention in Michael Harrington’s book The Other America
1. He profiled 50 million Americans who scraped by with less than
$1,000 each year
a. Michael Harrington commented that, “Being born
Negro will continue to be the most profound disability
that the US imposes upon a citizen.”
b. JFK called for a “national assault on the causes of poverty.”
c. Proposed $10 billion in tax cuts
2. Poverty and segregation in the South also gained national
attention in the 1960s
a. JFK hadn’t pushed hard for legislation on the issues of
poverty and civil rights, although they were major issued
addressed in his 1960 presidential campaign
b. Ordered Robert Kennedy’s Department of Justice to
investigate racial injustices in the South
Tragedy in Dallas
A. In the fall of 1963, public opinion polls showed that JFK was losing
popularity b/c of his advocacy of civil rights
1. On Nov 22, 1963 the President raveled to Texas to mend
political fences with members of the state’s Democratic Party
(Texas is conservative)
a. Jacqueline and JFK sat in the back seat of an open-aired
limousine, while Texas Governor John Connally and his
wife, Nellie, sat in front
2. As the car approached the Texas School Book Depository
building, Nellie Connally told the JFK, “You can’t say that
Dallas isn’t friendly to you today.”
a. Seconds after that comment Kennedy was fatally shot
3. Dallas police charged Lee Harvey Oswald with the murder (his
palm prints were found on the rifle used to kill JFK)
a. Oswald was a 24-year-old ex-Marine that received a
dishonorable discharge, briefly lived in the Soviet Union,
and supported Castro
4. As Oswald was transferred to a different jail, nightclub owner
Jack Ruby jumped out of the pack of onlookers shooting and
killing Oswald
9
a. Upon his death-bed on Jan 3, 1967, Ruby insisted he wasn’t
part of conspiracy, but he did believe the gov’t infected him
with lung cancer
B. Warren Commission (1963): investigated and concluded Oswald had
shot the president while acting on his own
1. In 1979, a reinvestigation concluded that Oswald was part of
a conspiracy
a. Investigators said two individuals may have fired at the
president
2. Conspiracy theorists developed the following explanations
for JFK’s death:
a. CIA had him killed, Castro had him killed, the Cuban
refugees trained to invade Cuba during the Bay of Pigs had
him killed, Soviets killed him, Mafia killed him, and/or
Johnson had him killed
3. Americans could take comfort in knowing the gov’t continued to
function during and after the crisis
a. Lyndon Johnson pushed the most ambitious domestic
legislative package since the New Deal through Congress
Section 3: The Great Society
I.
II.
LBJ’s Path to Power
A. Lyndon Baines Johnson entered politics in 1937 when he won a
special election in Texas to fill a vacant seat in the U.S. House of
Representatives
1. FDR helped LBJ secure key committee assignments in Congress
and led the fight fro electrification and water projects in Texas
2. In 1948, LBJ won a Senate seat by 87 votes
B. LBJ was a master of party politics (“LBJ treatment”) and behind-thescenes maneuvering, becoming the Senate majority leader in 1955
1. Civil Rights Act of 1957: a voting rights measure that was the
first civil rights legislation since Reconstruction
a. The feds will ensure everyone gets to vote and
investigates allegations of being deprived the right to
vote.
2. Strom Thurmond (Democratic Senator from SC) filibustered the
act for 24 hours and 18 minutes (talked about his Grandma’s
biscuit recipe)
a. JFK recognized the importance of LBJ’s congressional
connections and his Southern Protestant background
Johnson’s Domestic Agenda
A. LBJ addressed Congress urging them to pass the civil rights and taxcut bills that JFK had sent to Congress before his death
1. In Feb 1964, Congress passed a tax reduction of over $10 billion
into law
10
III.
a. The tax cut did spur economic growth
2. In July 1964, LBJ convinced Southern senators to stop blocking
the passage of the Civil Rights Act of 1964
a. Civil Rights Act of 1964: prohibited discrimination based
race, religion, national origin, and sex and granted the federal
gov’t new powers to enforce its provisions (no discrimination
at all tolerated)
B. In 1964, LBJ declared an “unconditional war on poverty in America.”
1. Economic Opportunity Act (1964-EOA): approved nearly $1
billion for youth programs, antipoverty measures, small business
loans, and job training
2. The EAO created the following:
a. The Job Corps Youth Training Program
b. VISTA (Volunteers in Service to America)
c. Project Head Start, an education program for underprivileged
preschoolers
d. The Community Action Program, which encouraged poor
people to participate in public-works programs
C. The 1964 Presidential Campaign
1. The Republicans nominated conservative senator Barry
Goldwater of Arizona
a. Goldwater wanted to curb the federal gov’ts involvement in
many social and economic problems
b. Goldwater suggested he might use nuclear weapons on Cuba
and North Vietnam
c. Attacked Social Security and the Tennessee Valley Authority
(TVA)
2. Most Americans supported Democrat LBJ, believing the
gov’t could and should help solve the nation’s problem
a. LBJ campaign produced a TV commercial showing a little girl
counting petals on a daisy dissolved into a mushroom cloud
created by an atomic bomb
b. LBJ assured Americans that sending troops to Vietnam “would
offer no solution at all to the real problem of Vietnam.”
3. LBJ won the election by a landslide, and the Democrats
increased their majority in Congress
a. LBJ wouldn’t need the votes of conservative Southern
Democrats in order to get laws passed
Building the Great Society
A. In a speech at the University of Michigan, Johnson outlined what he
thought was a “Great Society”
1. Poverty and racial injustice would end
2. The gov’t would not only create a higher standard of living
and equal opportunity, but also promote a richer quality of
life for all
11
IV.
B. Elementary and Secondary School Education Act (1965): provided
more than $1 billion in federal aid to help public and parochial schools
purchase textbooks and new library materials
C. LBJ and Congress altered Social Security by creating the following:
1. Medicare: national health insurance program for people over 65
2. Medicaid: free health care for the needy
a. Harry Truman originally proposed this idea in the Fair Deal
D. Department of Housing and Urban Development (HUD): formed to
administer federal housing programs
1. Omnibus Housing Act and Housing and Urban Development
Act: provided money for urban renewal and housing assistance
for low-income families
a. Robert Weaver headed the department (1st African cabinet
member)
E. Immigration Act of 1924 and National Origins Act of 1924 established
immigration quotas that discriminated strongly against people from
outside of Western Europe
1. Immigration Act of 1965: opened the door for many nonEuropean immigrants to settle in the U.S. by ending quotas based
on nationality
F. In 1962, Silent Spring, a book by Rachel Carson, had exposed the
danger(s) of pesticides on the environment
1. Water Quality Act of 1965: required states to clean up rivers
2. LBJ also ordered the gov’t to search out the worst chemical
plluters
G. Consumer advocates also made an impact of society
1. Truth-in-Packaging Law: set standards for labeling consumer
goods
2. Ralph Nader, a young lawyer, wrote a book, Unsafe at Any
Speed, that criticized the U.S. auto industry for ignoring safety
concerns
3. Wholesome Meat Act of 1967: require state inspection
programs to be "at least equal to" the Federal inspection program
a. If states choose to end their inspection program or cannot
maintain this standard, FSIS must assume responsibility for
inspection within that state
Reforms of the Chief Justice Earl Warren ‘s Court
A. Brown v. Board of Education (1954-Civil Rights)
1. Facts of the Case:
a. Black children were denied admission to public schools
attended by white children under laws requiring or
permitting segregation according to the races. The white
and black schools approached equality in terms of
buildings, curricula, qualifications, and teacher salaries.
This case was decided together with Briggs v. Elliott and
Davis v. County School Board of Prince Edward County.
12
2. Question:
a. Does the segregation of children in public schools solely on
the basis of race deprive the minority children of the equal
protection of the laws guaranteed by the 14th Amendment?
3. Conclusion:
a. Yes. Despite the equalization of the schools by "objective"
factors, intangible issues foster and maintain inequality.
Racial segregation in public education has a detrimental
effect on minority children because it is interpreted as a
sign of inferiority. The long-held doctrine that separate
facilities were permissible provided they were equal was
rejected. Separate but equal is inherently unequal in the
context of public education. The unanimous opinion
sounded the death-knell for all forms of state-maintained
racial separation.
B. Baker v. Carr (1962-Reapportionment)
1. Facts of the Case:
a. Charles W. Baker and other Tennessee citizens alleged that
a 1901 law designed to apportion the seats for the state's
General Assembly was virtually ignored. Baker's suit
detailed how Tennessee's reapportionment efforts ignored
significant economic growth and population shifts within
the state.
2. Question:
a. Did the Supreme Court have jurisdiction over questions of
legislative apportionment?
3. Conclusion:
a. In an opinion which explored the nature of "political
questions" and the appropriateness of Court action in them,
the Court held that there were no such questions to be
answered in this case and that legislative apportionment
was a justiciable issue. In his opinion, Justice Brennan
provided past examples in which the Court had intervened
to correct constitutional violations in matters pertaining to
state administration and the officers through whom state
affairs are conducted. Brennan concluded that the
Fourteenth Amendment equal protection issues which
Baker and others raised in this case merited judicial
evaluation.
C. Reynolds v. Sims (1964-Reapportionship)
1. Facts of the Case:
a. In 1961, M.O. Sims, David J. Vann (Vann v. Baggett),
John McConnell (McConnell v. Baggett), and other voters
from Jefferson County, Alabama, challenged the
apportionment of the state legislature. The Alabama
Constitution prescribed that each county was entitled to at
13
least one representative and that there were to be as many
senatorial districts as there were senators. Population
variance ratios of as great as 41-to-1 existed in the Senate.
2. Question:
a. Did Alabama's apportionment scheme violate the
Fourteenth Amendment's Equal Protection Clause by
mandating at least one representative per county and
creating as many senatorial districts as there were senators,
regardless of population variances?
3. Conclusion:
a. In an 8-to-1 decision, the Court upheld the challenge to the
Alabama system, holding that Equal Protection Clause
demanded "no less than substantially equal state legislative
representation for all citizens...." Noting that the right to
direct representation was "a bedrock of our political
system," the Court held that both houses of bicameral state
legislatures had to be apportioned on a population basis.
States were required to "honest and good faith" efforts to
construct districts as nearly of equal population as
practicable.
D. Mapp v. Ohio (1961-Rights of the Accused)
1. Facts of the Case:
a. Dolree Mapp was convicted of possessing obscene
materials after an admittedly illegal police search of her
home for a fugitive. She appealed her conviction on the
basis of freedom of expression.
2. Question:
a. Were the confiscated materials protected by the First
Amendment? (May evidence obtained through a search in
violation of the Fourth Amendment be admitted in a state
criminal proceeding?)
3. Conclusion:
a. The Court brushed aside the First Amendment issue and
declared that "all evidence obtained by searches and
seizures in violation of the Constitution is, by [the Fourth
Amendment], inadmissible in a state court." Mapp had
been convicted on the basis of illegally obtained evidence.
This was an historic -- and controversial -- decision. It
placed the requirement of excluding illegally obtained
evidence from court at all levels of the government. The
decision launched the Court on a troubled course of
determining how and when to apply the exclusionary rule.
E. Gideon v. Wainwright (1963-Rights of the Accused)
1. Facts of the Case:
a. Gideon was charged in a Florida state court with a felony
for breaking and entering. He lacked funds and was unable
14
to hire a lawyer to prepare his defense. When he requested
the court to appoint an attorney for him, the court refused,
stating that it was only obligated to appoint counsel to
indigent defendants in capital cases. Gideon defended
himself in the trial; he was convicted by a jury and the
court sentenced him to five years in a state prison.
2. Question:
a. Did the state court's failure to appoint counsel for Gideon
violate his right to a fair trial and due process of law as
protected by the Sixth and Fourteenth Amendments?
3. Conclusion:
a. In a unanimous opinion, the Court held that Gideon had a
right to be represented by a court-appointed attorney and, in
doing so, overruled its 1942 decision of Betts v. Brady. In
this case the Court found that the Sixth Amendment's
guarantee of counsel was a fundamental right, essential to a
fair trial, which should be made applicable to the states
through the Due Process Clause of the Fourteenth
Amendment. Justice Black called it an "obvious truth" that
a fair trial for a poor defendant could not be guaranteed
without the assistance of counsel. Those familiar with the
American system of justice, commented Black, recognized
that "lawyers in criminal courts are necessities, not
luxuries."
F. Escobedo v. Illinois (1964-Rights of the Accused)
1. Facts of the Case:
a. Danny Escobedo was arrested and taken to a police station
for questioning. Over several hours, the police refused his
repeated requests to see his lawyer. Escobedo's lawyer
sought unsuccessfully to consult with his client. Escobedo
subsequently confessed to murder.
2. Question:
a. Was Escobedo denied the right to counsel as guaranteed by
the Sixth Amendment?
3. Conclusion:
a. Yes. Justice Goldberg, in his majority opinion, spoke for
the first time of "an absolute right to remain silent."
Escobedo had not been adequately informed of his
consitutitonal right to remain silent rather than to be forced
to incriminate himself. The case has lost authority as
precedent as the arguments in police interrogation and
confession cases have shifted from the Sixth Amendment to
the Fifth Amendment, emphasizing whether the appropriate
warnings have been given and given correctly, and whether
the right to remain silent has been waived.
G. Miranda v. Arizona (1966-Rights of the Accused)
15
V.
1. Facts of the Case:
a. The Court was called upon to consider the constitutionality
of a number of instances, ruled on jointly, in which
defendants were questioned "while in custody or otherwise
deprived of [their] freedom in any significant way." In
Vignera v. New York, the petitioner was questioned by
police, made oral admissions, and signed an inculpatory
statement all without being notified of his right to counsel.
Similarly, in Westover v. United States, the petitioner was
arrested by the FBI, interrogated, and made to sign
statements without being notified of his right to counsel.
Lastly, in California v. Stewart, local police held and
interrogated the defendant for five days without notification
of his right to counsel. In all these cases, suspects were
questioned by police officers, detectives, or prosecuting
attorneys in rooms that cut them off from the outside world.
In none of the cases were suspects given warnings of their
rights at the outset of their interrogation.
2. Question:
a. Does the police practice of interrogating individuals
without notifiying them of their right to counsel and their
protection against self-incrimination violate the Fifth
Amendment?
3. Conclusion:
a. The Court held that prosecutors could not use statements
stemming from custodial interrogation of defendants unless
they demonstrated the use of procedural safeguards
"effective to secure the privilege against selfincrimination." The Court noted that "the modern practice
of in-custody interrogation is psychologically rather than
physically oriented" and that "the blood of the accused is
not the only hallmark of an unconstitutional inquisition."
The Court specifically outlined the necessary aspects of
police warnings to suspects, including warnings of the right
to remain silent and the right to have counsel present during
interrogations.
The Impact of the Warren Court Decisions
A. Public opinion was greatly divided
1. Liberals praised the decisions, arguing that they placed
necessary limits on police power and protected the right of all
citizens to a fair trial
2. Conservatives bitterly criticized the Warren Court claiming that
Mapp and Miranda benefited criminal suspects and severely
limited the power of police to investigate crimes
a. Some claimed the Courts are only there to interrupt
laws, not make the laws
16
VI.
b. Republicans often claimed Democrats/Liberals were “soft
on crime.”
Impact of the Great Society
A. Most agree that no president in the post-WW II era extended the
power and reach of the federal gov’t more than LBJ (activism in
gov’t)
1. The “War on Poverty” decreased the number of poor people
from 21% in 1962 to 11% in 1973
2. Tax cuts spurred economic growth, but funding the “Great
Society” increased the budget deficit
3. A conservative backlash started to take shape
a. Hollywood actor, Republican, Ronald Reagan became
governor of California in 1966
B. Foreign Policy in the Dominican Republic and the “Great Society”
1. The Democratically elected leader of the Dominican Republic,
Juan Bosch, was ousted by military coup
a. The new leader never gained control of the gov’t, and a
faction in the military wanted Bosch to return to power
2. The American ambassador to the Dominican Republic
worried Bosch was being influenced by Communists
a. Johnson sent in 22,000 marines to restore order
b. Order was restored and a pro-American gov’t took control
3. Latin America disproved of Johnson’s “gunboat diplomacy”, but
the U.S. approved of his stance against Communism
C. Foreign Policy in Vietnam and the “Great Society”
1. Great Society programs decreased as the Vietnam War
intensified
2. The gov’t spent 18 times more on Vietnam than War on
Poverty
a. Martin Luther King, Jr. felt the Great Society was shot
down by the war