Justice Rehnquist and the Constitution / / Sue Davis.

• Superior document: Title is part of eBook package: De Gruyter Princeton Legacy Lib. eBook Package 1980-1999
• VerfasserIn: Davis, Sue,
• Place / Publishing House: Princeton, NJ : : Princeton University Press, , [2014]; ©1989
• Year of Publication: 2014
• Edition: Course Book
• Language: English
• Series: Princeton Legacy Library ; 953
• Physical Description: 1 online resource (258 p.)

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.

Table of 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