Justice Rehnquist and the Constitution / Sue Davis.

Format:

Book

Author/Creator:

Davis, Sue, 1948- author.

Series:

Princeton Legacy Library

Princeton legacy library

Language:

English

Subjects (All):

Judges--United States--Biography.

Judges.

Federal government--United States.

Federal government.

Constitutional law--United States.

Constitutional law.

Rehnquist, William H., 1924-2005.

Rehnquist, William H.

Physical Description:

1 online resource (258 p.)

Edition:

Course Book

Place of Publication:

Princeton, New Jersey : Princeton University Press, [1989]

Language Note:

English

Summary:

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.

Contents:

Frontmatter

Contents

Preface

Acknowledgments

PART ONE : THE FRAMEWORK

Chapter 1. 1971' Richard Nixon Appoints a New Justice

Chapter 2. Rehnquist's Legal Positivism and His Ordering of Values

PART TWO : INDIVIDUAL RIGHTS

Chapter 3. Justice Rehnquist's Fourteenth Amendment

Chapter 4. The First Amendment Speaks with a Different Voice- Rehnquist and Freedom of Expression

PART THREE. Property Rights

Chapter 5. Nontraditional Property The Bitter-Sweet Denial

Chapter 6. The Rights of Traditional Property

PART FOUR. Federalism

Chapter 7. Federalism I: Congressional Power and State Sovereignty

Chapter 8. Federalism ΙΓ Protecting the States from the Federal Courts

Chapter 9. Federalism III: "Our Federalism" or Rehnquist's Federalism?

CONCLUSION

Chapter 10. Legal Positivism, Federalism, and Rehnquist's Constitution

APPENDIXES

Appendix A: Justice Rehnquist's Opinions for the Majority, 1972-1986

Appendix B: Justice Rehnquist's Concurring Opinions, 1972-1986

Appendix C: Justice Rehnquist's Dissenting Opinions, 1972-1986

References

Index

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jul 2019)

Description based on print version record.

Includes index.

Bibliography: pages 228-236.

ISBN:

9780691631677

0691631670

9781400859870

1400859875

9780691602103

0691602107

OCLC:

884013226