The Rehnquist Court And The Constitution

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A Court Divided

Author : Mark V. Tushnet
Publisher : W. W. Norton & Company
ISBN 13 : 9780393058680
Total Pages : 392 pages
Book Rating : 4.0/5 (586 download)

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Book Synopsis A Court Divided by : Mark V. Tushnet

Download or read book A Court Divided written by Mark V. Tushnet and published by W. W. Norton & Company. This book was released on 2005 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

The Rehnquist Court and the Constitution

Author : Tinsley E. Yarbrough
Publisher : Oxford University Press, USA
ISBN 13 : 0195146034
Total Pages : 321 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Rehnquist Court and the Constitution by : Tinsley E. Yarbrough

Download or read book The Rehnquist Court and the Constitution written by Tinsley E. Yarbrough and published by Oxford University Press, USA. This book was released on 2001 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoughtful, wide-ranging, and intelligently written, this volume is an insightful look at the Rehnquist Court and its impact on law and American life.

Uncertain Justice

Author : Laurence Tribe
Publisher : Macmillan
ISBN 13 : 0805099093
Total Pages : 416 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Uncertain Justice by : Laurence Tribe

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.

Rehnquist Justice

Author : Earl M. Maltz
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rehnquist Justice by : Earl M. Maltz

Download or read book Rehnquist Justice written by Earl M. Maltz and published by . This book was released on 2003 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With seven of its justices appointed by Republican presidents, today's Supreme Court has significantly altered America's legal landscape since 1986 by tilting constitutional jurisprudence to the right. That was the goal of Presidents Reagan and Bush in filling court vacancies and has been felt in cases related to federalism, economic rights, and affirmative action. However, liberal issues such as abortion have moved only marginally to the right, while rulings by the Court on school prayer and gay rights have moved constitutional doctrine slightly to the left. In this collection of original articles, prominent constitutional scholars are joined by new voices from the cutting edge of academia to subject the Rehnquist Court to closer scrutiny and to show that its brand of conservatism is less extreme than many have supposed. Reflecting views across the political spectrum, the contributors help readers understand the Court dynamic, its constrained conservatism, and the forces that shape constitutional law in general. As these authors show, the overall pattern of decision-making in the Rehnquist era cannot be attributed to any single, unified approach to constitutional analysis. Instead, today's Court can only be understood as the product of a complex interaction among individual justices, each with an idiosyncratic view of the proper interpretation of the Constitution and the role of the Court in the American political system. These provocative essays are designed to provide readers with insight into this interaction by focusing on each member of the bench. From the staunch conservatism of Clarence Thomas, to the "accommodationism" of Sandra Day O'Connor, to the "liberal constitutionalism" of David Souter, the essays analyze the unique approach of each justice to interpreting the Constitution. They also show that the current justices are the product of a nomination and confirmation process that has undergone a major transformation in recent decades one which favors experienced, often unknown jurists over high-profile public servants. By concentrating attention on its members, "Rehnquist Justice" allows us to better understand the Supreme Court as a whole. And by assessing today's judiciary in light of a public philosophy that looks askance at government, it shows us that the Supreme Court has truly become a mirror of its times."

The Rehnquist Court

Author : Martin H. Belsky
Publisher : Oxford University Press
ISBN 13 : 0190287454
Total Pages : 296 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Rehnquist Court by : Martin H. Belsky

Download or read book The Rehnquist Court written by Martin H. Belsky and published by Oxford University Press. This book was released on 2002-04-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, the Supreme Court's leading conservative, William H. Rehnquist, labeled by Newsweek as "The Court's Mr. Right," was made Chief Justice. Almost immediately, legal scholars, practitioners, and pundits began questioning what his influence would be, and whether he would remake our constitutional corpus in his own image. Would the center hold, or fold? This collected volume, edited by Martin H. Belsky, is the third in a series which includes The Warren Court and The Burger Court, both edited by Bernard Schwartz. It gathers together a distinguished group of scholars, journalists, judges, and practitioners to reflect on the fifteen-year impact of the Rehnquist Court. The work provides an overview of the Rehnquist Court's influence to date, examines in detail the seminal issues confronted by the Court, and places the Court in broad historical perspective. Subjects discussed include First Amendment rights and cyberspace, criminal justice reform, the Court's pattern of constitutional interpretation, the international impact of the Rehnquist Court, and the Supreme Court's increasing interaction with state constitutional law. A comprehensive look at the significant shifts in constitutional jurisprudence under Rehnquist's leadership, this volume illustrates how the Rehnquist Court has brought us almost full-circle from the judge-made revolution of the Warren Court. A must-have for all students of the Court and legal history, this book contains fascinating insights into one of the century's most controversial courts and a legacy still in the making.

Justice Rehnquist and the Constitution

Author : Sue Davis
Publisher : Princeton University Press
ISBN 13 : 1400859875
Total Pages : 258 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Justice Rehnquist and the Constitution by : Sue Davis

Download or read book Justice Rehnquist and the Constitution written by Sue Davis and published by Princeton University Press. This book was released on 2014-07-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Rehnquist Court and Criminal Justice

Author : Christopher E. Smith
Publisher :
ISBN 13 : 9780739140819
Total Pages : 0 pages
Book Rating : 4.1/5 (48 download)

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Book Synopsis The Rehnquist Court and Criminal Justice by : Christopher E. Smith

Download or read book The Rehnquist Court and Criminal Justice written by Christopher E. Smith and published by . This book was released on 2013-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.

The Roberts Court

Author : Marcia Coyle
Publisher : Simon and Schuster
ISBN 13 : 145162753X
Total Pages : 416 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Roberts Court by : Marcia Coyle

Download or read book The Roberts Court written by Marcia Coyle and published by Simon and Schuster. This book was released on 2013-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

The Rehnquist Court and Civil Rights

Author : D. F. B. Tucker
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Rehnquist Court and Civil Rights by : D. F. B. Tucker

Download or read book The Rehnquist Court and Civil Rights written by D. F. B. Tucker and published by Dartmouth Publishing Company. This book was released on 1995 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has a distinctive dualist government system whereby the elected government must share its responsibilities with parties that have no mandate from the people. It is seen as a good feature of the American system that the party in power cannot always prevent others from securing policies it may disapprove. The Supreme Court is said to be a co-equal branch of government, one institutional mechanism by means of which counter-majoritarian, dualist principles are actualized. This kind of leadership can be seen to be desirable between 1955-1986 when the Supreme Court, under Chief Justices Earl Warren and Warren Burger used judicial authority to expand the protection offered to individuals and groups by the Bill of Rights. For example, it redefined the separation of Church and State doctrine to eliminate prayer from public schools, recognized privacy as a right to free sexuality from the shackles of religious morality and to forbid state governments from preventing pregnant women from securing abortions.

Brennan Vs. Rehnquist

Author : Peter H. Irons
Publisher : Alfred A. Knopf
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Brennan Vs. Rehnquist by : Peter H. Irons

Download or read book Brennan Vs. Rehnquist written by Peter H. Irons and published by Alfred A. Knopf. This book was released on 1994 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: We see these two men serving together for two momentous decades, the leaders of the Court's liberal and conservative factions. We come to know them, their characters, their personalities, their beliefs.

Turning Right

Author : David G. Savage
Publisher :
ISBN 13 :
Total Pages : 498 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Turning Right by : David G. Savage

Download or read book Turning Right written by David G. Savage and published by . This book was released on 1992-04-24 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a portrait of the Supreme Court justices since 1986.

The Supreme Court, the Constitution, and William Rehnquist

Author : Steven T. Seitz
Publisher : Lexington Books
ISBN 13 : 1498568831
Total Pages : 287 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Supreme Court, the Constitution, and William Rehnquist by : Steven T. Seitz

Download or read book The Supreme Court, the Constitution, and William Rehnquist written by Steven T. Seitz and published by Lexington Books. This book was released on 2020-07-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.

The U. S. Supreme Court and New Federalism

Author : John C. Blakeman
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 9780810895539
Total Pages : 240 pages
Book Rating : 4.8/5 (955 download)

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Book Synopsis The U. S. Supreme Court and New Federalism by : John C. Blakeman

Download or read book The U. S. Supreme Court and New Federalism written by John C. Blakeman and published by Rowman & Littlefield Publishers. This book was released on 2017-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

The Rehnquist Court

Author : Thomas R. Hensley
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1576075605
Total Pages : 462 pages
Book Rating : 4.5/5 (76 download)

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Book Synopsis The Rehnquist Court by : Thomas R. Hensley

Download or read book The Rehnquist Court written by Thomas R. Hensley and published by Bloomsbury Publishing USA. This book was released on 2006-06-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed look at the Rehnquist Court's key figures, rulings, and major changes to U.S. constitutional law. Did the Rehnquist Court, which followed the liberal Warren Court and the moderate Burger Court, achieve a conservative counterrevolution? Using quantitative data to supplement detailed opinion analysis, political scientist Thomas R. Hensley argues that continuity not change characterized the Rehnquist Court era. But without a doubt, the Rehnquist Court was frequently a war zone. Fourteen justices served during the Rehnquist era, which began in 1986 during the Reagan administration and ended with Rehnquist's death in September 2005. Presidents Reagan and Bush appointed conservative justices and set in motion an assault on the "ultra-liberal" decisions made by the two previous courts. But President Clinton appointed two moderate Democrats, slowing the conservative juggernaut. The result? One of the most fascinating, contentious, and crucial periods in the history of the U.S. Supreme Court.

The Rehnquist Legacy

Author : Craig Bradley
Publisher : Cambridge University Press
ISBN 13 : 9780521859196
Total Pages : 424 pages
Book Rating : 4.8/5 (591 download)

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Book Synopsis The Rehnquist Legacy by : Craig Bradley

Download or read book The Rehnquist Legacy written by Craig Bradley and published by Cambridge University Press. This book was released on 2006 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a legal biography of William Rehnquist of the U. S. Supreme Court.

First Among Equals

Author : Kenneth W. Starr
Publisher : Grand Central Publishing
ISBN 13 : 0446554162
Total Pages : 224 pages
Book Rating : 4.4/5 (465 download)

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Book Synopsis First Among Equals by : Kenneth W. Starr

Download or read book First Among Equals written by Kenneth W. Starr and published by Grand Central Publishing. This book was released on 2008-12-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.

Rationing the Constitution

Author : Andrew Coan
Publisher :
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Rationing the Constitution by : Andrew Coan

Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--