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Author: Mark V. Tushnet Publisher: W. W. Norton & Company ISBN: 9780393058680 Category : Constitutional law Languages : en Pages : 392
Book Description
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 ISBN: 1586488872 Category : Biography & Autobiography Languages : en Pages : 370
Book Description
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: Michael J. Graetz Publisher: Simon and Schuster ISBN: 1476732515 Category : History Languages : en Pages : 480
Book Description
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Author: Christopher L. Tomlins Publisher: Houghton Mifflin Harcourt ISBN: 9780618329694 Category : History Languages : en Pages : 628
Book Description
With its ability to review and interpret all American law, the U. S. Supreme Court is arguably the most influential branch of government but also the one most carefully shielded from the public gaze.
Author: John W. Dean Publisher: Simon and Schuster ISBN: 0743229797 Category : Political Science Languages : en Pages : 342
Book Description
The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.
Author: Edward Lazarus Publisher: Penguin Group ISBN: Category : History Languages : en Pages : 596
Book Description
"Operating within a Network of Byzantine Secrecy, The United States Supreme Court is the most powerful judicial institution in the world. Nine unelected justices are charged with protecting our most cherished rights and shaping our fundamental laws."--BOOK JACKET. "In this account, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, provides an insider's guided tour of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus weaves together past and present to reveal how law, politics, and personality collide in the Court's inner sanctum."--BOOK JACKET.
Author: the late Bernard Schwartz Publisher: Oxford University Press ISBN: 0199840555 Category : Law Languages : en Pages : 477
Book Description
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author: Sue Davis Publisher: ISBN: 9780691631677 Category : Political Science Languages : en Pages : 0
Book Description
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 ISBN: 0307425215 Category : History Languages : en Pages : 290
Book Description
In the annals of presidential elections, the hotly contested 1876 race between Rutherford B. Hayes and Samuel J. Tilden was in many ways as remarkable in its time as Bush versus Gore was in ours. Chief Justice William Rehnquist offers readers a colorful and peerlessly researched chronicle of the post—Civil War years, when the presidency of Ulysses S. Grant was marked by misjudgment and scandal, and Hayes, Republican governor of Ohio, vied with Tilden, a wealthy Democratic lawyer and successful corruption buster, to succeed Grant as America’s chief executive. The upshot was a very close popular vote (in favor of Tilden) that an irremediably deadlocked Congress was unable to resolve. In the pitched battle that ensued along party lines, the ultimate decision of who would be President rested with a commission that included five Supreme Court justices, as well as five congressional members from each party. With a firm understanding of the energies that motivated the era’s movers and shakers, and no shortage of insight into the processes by which epochal decisions are made, Chief Justice Rehnquist draws the reader intimately into a nineteenth-century event that offers valuable history lessons for us in the twenty-first.