Author: Steven T. Seitz
Publisher: Lexington Books
Published: 2020-07-07
Total Pages: 287
ISBN-13: 1498568831
DOWNLOAD EBOOK →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.
Author: Sue Davis
Publisher: Princeton University Press
Published: 2014-07-14
Total Pages: 258
ISBN-13: 1400859875
DOWNLOAD EBOOK →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.
Author: William H. Rehnquist
Publisher: Vintage
Published: 2002
Total Pages: 302
ISBN-13: 0375708618
DOWNLOAD EBOOK →The chief justice of the United States Supreme Court describes the history, evolution, operations, and decision-making procedures of the Court, and examines the relationship of the Court to Congress and the President.
Author: Tinsley E. Yarbrough
Publisher: Oxford University Press, USA
Published: 2001
Total Pages: 321
ISBN-13: 0195146034
DOWNLOAD EBOOK →Thoughtful, wide-ranging, and intelligently written, this volume is an insightful look at the Rehnquist Court and its impact on law and American life.
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
Published: 2005
Total Pages: 392
ISBN-13: 9780393058680
DOWNLOAD EBOOK →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.
Author: John A. Jenkins
Publisher: Public Affairs
Published: 2012-10-02
Total Pages: 370
ISBN-13: 1586488872
DOWNLOAD EBOOK →Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.
Author: David G. Savage
Publisher:
Published: 1992-04-24
Total Pages: 498
ISBN-13:
DOWNLOAD EBOOK →Presents a portrait of the Supreme Court justices since 1986.
Author: William Rehnquist
Publisher: Harper Perennial
Published: 1999-02-02
Total Pages: 304
ISBN-13: 9780688171711
DOWNLOAD EBOOK →For only the second time in American history, the president has been impeached by the House of Representatives and is facing trial by the United States Senate. At such a critical point in our history as a nation, the question is "What comes next?" Most Americans have only a vague notion of the history surrounding the first presidential impeachment trial. So, where do we go for answers? Here in Grand Inquests, Chief Justice William H. Rehnquist provides dramatic accounts of two historic impeachment trials in the American past. With a keen sense of history and narrative ability, he recounts the 1805 trial of Justice Samuel Chase of the United States Supreme Court and the 1868 trial of President Andrew Johnson, which set the precedent by which our current president will be judged. The outcomes of these cases have remained extraordinarily important to the American system of government because they strengthened the constitutionally directed separation of powers. And though both men were acquitted, Chief Justice Rehnquist shows how a conviction in either case would also have deeply affected our present interpretation of the Constitution -- and, more likely, changed the course of history.
Author: Craig Bradley
Publisher: Cambridge University Press
Published: 2006
Total Pages: 424
ISBN-13: 9780521859196
DOWNLOAD EBOOK →This book is a legal biography of William Rehnquist of the U. S. Supreme Court.