Justice Rehnquist, the Supreme Court, and the Bill of Rights

Justice Rehnquist, the Supreme Court, and the Bill of Rights

Author: Steven T. Seitz

Publisher: Rowman & Littlefield

Published: 2020-07-02

Total Pages: 295

ISBN-13: 1498568866

DOWNLOAD EBOOK

The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.


The Supreme Court, the Constitution, and William Rehnquist

The Supreme Court, the Constitution, and William Rehnquist

Author: Steven T. Seitz

Publisher: Lexington Books

Published: 2020-07-07

Total Pages: 287

ISBN-13: 1498568831

DOWNLOAD EBOOK

The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.


Closing the Courthouse Door

Closing the Courthouse Door

Author: Erwin Chemerinsky

Publisher: Yale University Press

Published: 2017-01-10

Total Pages: 280

ISBN-13: 0300224907

DOWNLOAD EBOOK

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.


The Partisan

The Partisan

Author: John A. Jenkins

Publisher: Public Affairs

Published: 2012-10-02

Total Pages: 370

ISBN-13: 1586488872

DOWNLOAD EBOOK

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.


The Most Activist Supreme Court in History

The Most Activist Supreme Court in History

Author: Thomas M. Keck

Publisher: University of Chicago Press

Published: 2010-02-15

Total Pages: 394

ISBN-13: 0226428869

DOWNLOAD EBOOK

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.


All the Laws but One

All the Laws but One

Author: William H. Rehnquist

Publisher: Vintage

Published: 2007-12-18

Total Pages: 289

ISBN-13: 0307424693

DOWNLOAD EBOOK

William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.


Brennan Vs. Rehnquist

Brennan Vs. Rehnquist

Author: Peter H. Irons

Publisher: Alfred A. Knopf

Published: 1994

Total Pages: 408

ISBN-13:

DOWNLOAD EBOOK

We see these two men serving together for two momentous decades, the leaders of the Court's liberal and conservative factions. We come to know them, their characters, their personalities, their beliefs.


Uncertain Justice

Uncertain Justice

Author: Laurence Tribe

Publisher: Macmillan

Published: 2014-06-03

Total Pages: 416

ISBN-13: 0805099093

DOWNLOAD EBOOK

An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.


The Rehnquist Choice

The Rehnquist Choice

Author: John W. Dean

Publisher: Simon and Schuster

Published: 2002-02-01

Total Pages: 342

ISBN-13: 0743229797

DOWNLOAD EBOOK

The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.