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
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