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Book A Court Divided

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.

Book Public Opinion and the Rehnquist Court

Download or read book Public Opinion and the Rehnquist Court written by Thomas R. Marshall and published by State University of New York Press. This book was released on 2009-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions.

Book The Rehnquist Court

    Book Details:
  • Author : Martin H. Belsky
  • Publisher : Oxford University Press
  • Release : 2002-04-04
  • ISBN : 0190287454
  • Pages : 296 pages

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.

Book The Rehnquist Court and the Constitution

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.

Book The Rehnquist Court

    Book Details:
  • Author : Thomas R. Hensley
  • Publisher : Bloomsbury Publishing USA
  • Release : 2006-06-08
  • ISBN : 1576075605
  • Pages : 462 pages

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.

Book The U S  Supreme Court and New Federalism

Download or read book The U S Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield. This book was released on 2012 with total page 363 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

Book The Rehnquist Court and Criminal Justice

Download or read book The Rehnquist Court and Criminal Justice written by Christopher E. Smith and published by Lexington Books. This book was released on 2011-11-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court’s wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court’s imprint on criminal justice.

Book Morality Imposed

    Book Details:
  • Author : Stephen E. Gottlieb
  • Publisher : NYU Press
  • Release : 2000-09-01
  • ISBN : 0814732704
  • Pages : 650 pages

Download or read book Morality Imposed written by Stephen E. Gottlieb and published by NYU Press. This book was released on 2000-09-01 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.

Book Supreme Court

    Book Details:
  • Author :
  • Publisher :
  • Release : 1882
  • ISBN :
  • Pages : 1362 pages

Download or read book Supreme Court written by and published by . This book was released on 1882 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Rehnquist Legacy

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.

Book The Center Holds

    Book Details:
  • Author : James F. Simon
  • Publisher : Simon and Schuster
  • Release : 2012-06-05
  • ISBN : 1439143250
  • Pages : 342 pages

Download or read book The Center Holds written by James F. Simon and published by Simon and Schuster. This book was released on 2012-06-05 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Center Holds provides an intimate look at who the Supreme Court justices are, how they have made critical decisions, and why, ultimately, the Rehnquist Revolution failed. Focusing on four key areas of civil rights and liberties—racial discrimination, abortion, criminal law, and First Amendment freedoms—The Center Holds provides an in-depth look at the Supreme Court documents that illustrate the battle between the old liberal order and emerging conservative majority, beginning in the early 1980s. James F. Simon, a former Time correspondent and contributing editor, ex-dean of New York Law School, and nationally recognized scholar of constitutional law, examines key decisions on civil rights and civil liberties in a readable, intimate look at some key Supreme Court Cases and includes absorbing descriptions of confidential memos and drafts gleaned from sources from within the court.

Book The Unpublished Opinions of the Rehnquist Court

Download or read book The Unpublished Opinions of the Rehnquist Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1996-01-04 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation of the Court--but not without criticism from Chief Justice William H. Rehnquist. The Unpublished Opinions of the Rehnquist Court provides a behind-the- scenes look at the Supreme Court, showing how changes between the drafts and the Justices' final opinions have created substantial differences in the outcome of the Court's decisions. As with his two previous works The Unpublished Opinions of the Warren Court and the Unpublished Opinions of the Burger Court, author Bernard Schwartz uses private court papers to follow these decisions and explore the key role and responsibility of the Chief Justice. Among the ten cases examined by Schwartz are key abortion cases Hodgson v. Minnesota and Webster v. Reproductive Health Services-- the original draft of which would have virtually overruled Roe v. Wade--as well as a civil rights case, Patterson v. McLean Credit Union. Schwartz considers the draft opinions and explains why the drafts were not issued as the final opinions and dissents in these cases. In particular, he shows what would have happened if the draft opinions had come down as the final opinions. The Unpublished Opinions of the Rehnquist Court serves to clarify and explore the actual operation of the judicial decision-making process. It will be fascinating and informative reading for attorneys, judges, law students, politicians and anyone interested in the mechanics of the nation's highest Court.

Book The Rehnquist Court

    Book Details:
  • Author : David L. Hudson
  • Publisher : Praeger
  • Release : 2007
  • ISBN : 0275989712
  • Pages : 0 pages

Download or read book The Rehnquist Court written by David L. Hudson and published by Praeger. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly 20 years, William Hubbs Rehnquist served as the 16th Chief Justice of the United States Supreme Court. During these two decades, the Court issued major decisions involving federalism, abortion, affirmative action, civil rights, privacy, and the 2000 presidential election. Throughout his tenure, Justice Rehnquist was conventionally perceived as a conservative, partly for the anti-civil rights memos he had written earlier in his career. He became a lightning rod for controversy during his confirmation hearings in 1972 for Associate Justice and again in 1986 when he became Chief Justice. Surprisingly, however, Hudson's balanced, nonpartisan examination of the Rehnquist Court and its personalities shows that Rehnquist's conservatism is quite mild compared to that of the ideological purity of Justices Clarence Thomas and Antonin Scalia, and that Rehnquist did an admirable job of playing moderator as Chief Justice, exhibiting sensitivity toward his colleagues.

Book The Unpublished Opinions of the Rehnquist Court

Download or read book The Unpublished Opinions of the Rehnquist Court written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1996 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schwartz provides the draft opinions prepared by Justices in key cases during the Rehnquist Court, together with short histories, commentaries, and analyses of what happened once the drafts were circulated.

Book The Rehnquist Choice

Download or read book The Rehnquist Choice written by John W. Dean and published by Simon and Schuster. This book was released on 2002-02-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.

Book Queen s Court

Download or read book Queen s Court written by Nancy Maveety and published by . This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to challenge the conventional wisdom that Sandra Day O'Connor was an influential member of the Rehnquist Court simply by default of her centrist views. Shows that her impact and influence went far beyond the "swing vote," and that it truly was "O'Connor's Court" more so than Rehnquist's.

Book The Rehnquist Court

    Book Details:
  • Author : Stuart Taylor
  • Publisher :
  • Release : 2005
  • ISBN :
  • Pages : 76 pages

Download or read book The Rehnquist Court written by Stuart Taylor and published by . This book was released on 2005 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: