Overview

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.

Full Product Details

Author:   Sue Davis
Publisher:   Princeton University Press
Imprint:   Princeton University Press
Volume:   3585
Dimensions:   Width: 15.20cm , Height: 1.60cm , Length: 22.90cm
Weight:   0.539kg
ISBN:  

9780691631677

ISBN 10:   0691631670
Pages:   258
Publication Date:   19 April 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.
Language:   English

Table of Contents

"*FrontMatter, pg. i*Contents, pg. v*Preface, pg. vii*Acknowledgments, pg. ix*Chapter 1. 1971' Richard Nixon Appoints a New Justice, pg. 3*Chapter 2. Rehnquist's Legal Positivism and His Ordering of Values, pg. 20*Chapter 3. Justice Rehnquist's Fourteenth Amendment, pg. 41*Chapter 4. The First Amendment Speaks with a Different Voice- Rehnquist and Freedom of Expression, pg. 66*Chapter 5. Nontraditional Property The Bitter-Sweet Denial, pg. 97*Chapter 6. The Rights of Traditional Property, pg. 113*Chapter 7. Federalism I: Congressional Power and State Sovereignty, pg. 135*Chapter 8. Federalism IOTAGAMMA Protecting the States from the Federal Courts, pg. 153*Chapter 9. Federalism III: ""Our Federalism"" or Rehnquist's Federalism?, pg. 174*Chapter 10. Legal Positivism, Federalism, and Rehnquist's Constitution, pg. 191*Appendix A: Justice Rehnquist's Opinions for the Majority, 1972-1986, pg. 211*Appendix B: Justice Rehnquist's Concurring Opinions, 1972-1986, pg. 218*Appendix C: Justice Rehnquist's Dissenting Opinions, 1972-1986, pg. 221*References, pg. 228*Index, pg. 237"

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