The Rehnquist Court and the Constitution

By Tinsley E. Yarbrough

In The Rehnquist court docket and the Constitution, Tinsley Yarbrough offers a complete examine brand new best court docket Justices and their record--a learn all of the extra beneficial for the Court's combined judgements and hard-to-categorize direction.
An finished biographer, Yarbrough bargains incisive snap shots of the 9 who now sit down at the excessive bench, and tellingly studies their nomination hearings. He additionally explores the workings of the courtroom, starting from the choice and function of the clerks to the paintings load (including the end-of-term "June crunch") and project of reviews. however the middle of the e-book is a scientific exploration of the Court's checklist in such fields as executive strength, fiscal legislation, and felony justice. In choice after choice, the writer discusses a few of the justices' reviews, arguments, and felony theories; he additionally deals his personal research (including a pointy critique of the choice to permit the Paula Jones lawsuit to maneuver forward). Like many writers at the Rehnquist courtroom, Yarbrough unearths a common continuity with the earlier, shaded through a conservative outlook (especially in concerns of felony justice and affirmative action), yet he identifies an important departure in its rulings on financial rules. when you consider that 1937, he writes, the very best courtroom had ordinarily followed an expansive view of federal energy over monetary concerns; the Rehnquist courtroom has reversed that trend.
The Rehnquist courtroom has now not introduced an all-out attack at the Warren Court's precedents, as many conservatives was hoping, yet as Yarbrough indicates it has launched into vital new departures. considerate, wide-ranging, intelligently written, this publication will stand because the best research of the Rehnquist court docket for years to come.

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Court's pre-1937 biases. " Or that Jackson may have "disparaged," as Rehnquist's memorandum did, the Court's try to safeguard the pursuits of minority teams, "when Jackson himself wrote many a choice maintaining minority rights," together with his memorable opinion for the court docket in West Virginia Board of schooling v. Barnette,16 upholding the rights of Jehovah's Witnesses—one of the very minority teams said in Rehnquist's memorandum. Or that Jackson may have shared with different justices "anything remotely drawing close" the statement in Rehnquist's memorandum that he have been "excoriated by means of 'liberal' colleagues" for his place on segregation. "A way more believable explanation," wrote Kluger, "might be that the T of the memo is Rehnquist himself, bearing on the obloquy to which he can have been subjected by means of his fellow clerks, who mentioned the segregation query over lunch fairly frequently, who have been virtually unanimous of their trust that Plessy must be reversed, and who have been, for the main half, 'liberal. '" In aid of this interpretation, Kluger pointed out a piece of writing Rehnquist had written for a 1957 factor of U. S. information & international file, during which the long run justice complained of the "liberal" biases of ideal court docket clerks, together with "extreme solicitude for the claims of Communists and different felony defendants, enlargement of federal energy on the rate of nation energy, [and] nice sympathy towards any executive rules of business," enclosing the note "liberal" within the comparable "telltale citation marks" he had utilized in the Brown memorandum. 17 As facts that Rehnquist was once "ideologically a pole aside" from different clerks, Kluger additionally quoted a fellow clerk, who, on the time of Rehnquist's preliminary appointment to the court docket, characterised him as "a reactionary," including, "I may count on him to be a reactionary at the present time, yet you by no means recognize what somebody will do as soon as appointed. " Kluger wondered, too, why, if either the Rehnquist and Cronson memoranda have been meant to kingdom Justice Jackson's perspectives, the latter memorandum used to be in actual fact from a clerk to his justice, with Cronson noting at one aspect, "One of the most features of your paintings in this courtroom is a reluctance to overrule current constitutional legislations" (emphasis added). Kluger discovered both convincing different facts that Rehnquist's Brown memorandum mirrored his perspectives instead of Justice Jackson's. In a 1959 article, Rehnquist pointed out Brown in bemoaning the "absence of stare decisis in constitutional legislations. " An 6 The Rehnquist courtroom and the structure "unabashedly liberal" Stanford legislations university classmate termed Rehnquist "brilliant" yet "so far-out politically that he used to be anything of a shaggy dog story. " As a Phoenix attorney, Rehnquist had given a 1957 speech denouncing Justices Black and Douglas, between others, as "left-wing," have been an ardent supporter of conservative Arizona senator Barry Goldwater, had hostile a neighborhood antidiscrimination ordinance, and had attacked a 1967 Phoenix university desegregation software. As assistant legal professional common answerable for the place of work of criminal assistance within the Nixon Justice division, he was once the department's "most ardently prosecutorial recommend of wiretapping, executive surveillance, preventive detention, and different so-called law-and-order options of a totalitarian solid.

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