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Justice Rehnquist and the Constitution
A01=Sue Davis
Admission (law)
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Amendment
Article Three of the United States Constitution
Author_Sue Davis
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Buckley v. Valeo
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Center for Constitutional Rights
Chief Justice
Commerce Clause
Common law
Constitutional law
Constitutional theory
Constitutionalism
Constitutionality
Contract Clause
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Covenant (law)
Declaratory judgment
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Due process
Due Process Clause
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Equal Protection Clause
Equal Rights Amendment
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Federal Court (Canada)
Federal law
Finality (law)
Fletcher v. Peck
Fourteenth Amendment to the United States Constitution
Fourth Amendment to the United States Constitution
Freedom of speech
Frontiero v. Richardson
Griswold v. Connecticut
Habeas corpus
Healy v. James
Incorporation of the Bill of Rights
Injunction
Judicial activism
Judicial deference
Judicial interpretation
Judicial restraint
Judiciary
Jurisdiction
Laird v. Tatum
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Law of the United States
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Legal burden of proof
Legal positivism
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Lewis F. Powell Jr.
Monroe v. Pape
Moral relativism
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Owen v. City of Independence
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Roe v. Wade
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Wooley v. Maynard
Product details
- ISBN 9780691631677
- Weight: 539g
- Dimensions: 152 x 229mm
- Publication Date: 19 Apr 2016
- Publisher: Princeton University Press
- Publication City/Country: US
- Product Form: Hardback
- Language: English
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This analysis of the decision making of William H. Rehnquist from the beginning of his tenure as an Associate Justice of the United States Supreme Court in 1971 until he was nominated to be Chief Justice in 1986 presents a refreshing new perspective on the Burger Court's most conservative member. The common assessment of Rehnquist's career on the Supreme Court is that he has tried to put his own political agenda into effect--deciding as he wishes and justifying it later. Davis disputes that view through careful, insightful analysis of his opinions, his votes, and his public speeches. She argues that Rehnquist does, indeed, have a judicial philosophy--one that has legal positivism at its core. By examining the interaction between the facets of that judicial philosophy and Rehnquist's particular ordering of values, Davis reveals the coherence of his decision making. The author finds that Rehnquist's hierarchy of values gives paramount importance to state autonomy, or the "new federalism." He sees the protection of private property as secondary to the significance of federalism, followed, finally, by the protection of individual rights. Originally published in 1989.
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