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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.

Constitutional law --- Federal government --- Judges --- States' rights (American politics) --- Rehnquist, William H.,

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Judges --- Selection and appointment --- Powell, Lewis F., --- Rehnquist, William H., --- United States. --- Officials and employees --- Selection and appointment.

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The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist’s nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court’s decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans.Each chapter focuses on a different case—ranging from torture to search and seizure, and from racial profiling to the freedom of political expression—with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court’s majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court.Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court.Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.

Civil rights --- Rehnquist, William H., --- United States. --- Court. --- Courts. --- Rehnquist. --- Supreme. --- adequately. --- cases. --- civil. --- eight. --- failure. --- heard. --- liberties. --- protect. --- reexamination. --- rights. --- suggesting. --- under.

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A comprehensive look at the Supreme Court Justices and their record. There are portraits of the nine who now sit on the high bench, and reviews of their nomination hearings. The workings of the Court are also explored, ranging from the selection and role of the clerks to the workload.

Judicial review --- Law --- Law and politics --- Political aspects. --- Rehnquist, William H., --- Rehnquist, Bill, --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Law and politics.

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By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical

Criminal justice, Administration of --- Rehnquist, William H., --- Rehnquist, Bill, --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- History.