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The Inconsistency of the Majority Justices With Their Previously Expressed Views

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0005
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


The Principal Questions of Constitutional Interpretation

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the principal questions of constitutional interpretation and the assumptions underlying the enterprise of constitutional interpretation by considering William Rehnquist's ... More


The Chief Justice: More Influential Than Other Justices?

Lawrence S. Wrightsman

in The Psychology of the Supreme Court

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195306040
eISBN:
9780199894093
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306040.003.0009
Subject:
Psychology, Forensic Psychology

This chapter considers the functions of the chief justice. It examines how the recent chief justices have varied in their response to the challenges of the position, and then considers a ... More


Changing the Guard

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0009
Subject:
Law, Legal History

Initially, Justice Blackmun considered William Rehnquist's appointment in serving the Supreme Court through its center seat a huge improvement compared with that of his predecessor, at least for the ... More


The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Thomas M. Keck

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.001.0001
Subject:
Political Science, American Politics

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 ... More


The Rehnquist and Roberts Courts: Making the Exclusionary Rule Largely Irrelevant

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0016
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on the scope and application of the exclusionary rule in the Rehnquist and Roberts Courts. Several cases are discussed including James v. Illinois, Brown v. Illinois, Dunaway v. ... More


: The History of Habeas Review of State Criminal Cases

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the development of habeas review of state convictions and sentences in noncapital cases under 28 U.S.C. § 2254. The Habeas Corpus Act of 1867 expanded the availability of ... More


The War Powers of the U.S. Government

H. Jefferson Powell and Philip C. Bobbitt

in Targeting Americans: The Constitutionality of the U.S. Drone War

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190492847
eISBN:
9780190492878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190492847.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter provides an overview of the war powers the Constitution delegates to the federal government. These powers are plenary, meant to provide the authority to wage war successfully, but they ... More


Jurisprudential Foundations

Eric K. Yamamoto

in In the Shadow of Korematsu: Democratic Liberties and National Security

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190878955
eISBN:
9780190878986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190878955.003.0006
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter examines how the dissonant treatment of Korematsu plays out in still intensely competing jurisprudential views of the court’s role in high profile security and liberty disputes. It ... More


Epilogue: An Enduring Legacy

Richard A. Rosen and Joseph Mosnier

in Julius Chambers: A Life in the Legal Struggle for Civil Rights

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469628547
eISBN:
9781469628561
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469628547.003.0014
Subject:
History, African-American History

The epilogue examines the legacy of the efforts by Julius Chambers and his firm through the mid-1970s. In 1984, Chambers, widely acknowledged as an exceptionally skilled civil rights litigator and ... More


An Ignored Jurisprudence: Bush v. Gore

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter examines Justice Antonin Scalia’s actions in the notorious case of Bush v. Gore. There, five conservative justices voted to stop the recount of the Florida vote in the election of 2000 ... More


Pot and Popular Constitutionalism: Prohibition’s Lessons for the Marijuana Legalization Debate

Sean Beienburg

in Prohibition, the Constitution, and States' Rights

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.003.0012
Subject:
Political Science, American Politics

The growing trend of state marijuana legalization is recreating the federalist constitutional controversies raised by the Eighteenth Amendment, though there are several important differences. Most ... More


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