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The Chief Justiceship of Warren Burger, 1969-1986 (Hardcover)
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The Chief Justiceship of Warren Burger, 1969-1986 (Hardcover)
Series: Chief Justiceships of the United States Supreme Court
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A provocative interpretation of the Burger Court In The Chief
Justiceship of Warren Burger, 1969-1986, Earl M. Maltz offers a
comprehensive summary and analysis of the Supreme Court's impact on
American law and government during Burger's tenure. Undoubtedly one
of the most interesting periods in Supreme Court history, the
Burger Court generally holds a place in America's judicial memory
as a centrist or mildly conservative institution that followed the
liberal constitutionalism of the Warren Court and preceded the
conservative ideology of the Rehnquist Court. Maltz demonstrates,
however, that under Burger the Court's ideological transition was
far from immediate and certainly not regular or universal in
process. Maltz contends that in many areas of constitutional law
the Burger Court produced the most liberal jurisprudence in
history--even more liberal than that of its predecessor.
Acknowledging that the decision-making complexities of Burger's era
have spawned widely varied interpretations of the Court, Maltz
insists that discernible patterns explain the doctrinal positions
adopted by the majority of justices in any given case. He advances
the controversial thesis that Burger Court activism occurred almost
entirely in a liberal direction, even after the appointment of
Justices Harry A. Blackmun, Lewis F. Powell, Jr., and William H.
Rehnquist. Maltz demonstrates that in cases involving issues such
as religion and nonracial discrimination, the Court moved in a
liberal direction. Looking beyond the delineation of doctrinal
positions, Maltz considers the personalities and complex political
attitudes of the justices, the inability of conservative justices
to institutionalize their ideology because of their rejection of
judicial activism, and Burger's leadership of the Supreme Court.
General
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