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The Puzzle of the Two Rehnquist Courts

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0004
Subject:
Political Science, American Politics

According to econometric studies of the Supreme Court, the justices do not alter their decisions in response to changes in elected branch preferences, including changes in the preferences of House ... More


The Rehnquist Revival of Jurisdictional Separation

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0004
Subject:
Law, Constitutional and Administrative Law

Chapter Four outlines the Rehnquist Court’s New Federalism embrace of dual federalism idealism, focusing on its Tenth Amendment and preemption cases. Beginning with reflections on the Court’s ... More


Activism and Restraint on the Rehnquist Court

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

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0007
Subject:
Political Science, American Politics

The Rehnquist Court has not read its own power as narrowly as conservatives have urged, and in a wide range of other cases, either O'Connor or Kennedy (or sometimes both) have gone even further in ... More


Restoring The Court's Missing Docket

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0007
Subject:
Political Science, American Politics

Chapter 4 showed that many observers found the pre-1994 Rehnquist Court to be considerably more moderate than they had expected it to be, even as increasingly conservative justices replaced moderate ... More


Law and Politics on the Rehnquist Court

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

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0008
Subject:
Political Science, American Politics

This chapter finds out the striking pattern of liberal and conservative activism on the late Rehnquist Court. The most recent accounts dismissed the Rehnquist Court's continued pattern of liberal ... More


American Federalisms: From New Foundations to New Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter three reviews the history of American federalism as a story of competition between compelling principles in tension with one another, stretching the legal framework in one direction and then ... More


Federalism and the Tug of War Within

Erin Ryan

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores how constitutional interpreters struggle to reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and ... More


Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


The Fallibility of Reason

Owen Fiss

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0006
Subject:
Political Science, American Politics

This chapter argues that Bush v. Gore is no different from many other cases decided by the Rehnquist Court. It rejects the claim that its unprincipled character places the decision “on a different ... More


New Judges, New Challenges, 1988–1992

James M. Denham

in Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813060491
eISBN:
9780813050638
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060491.003.0011
Subject:
History, American History: 20th Century

This chapter discusses the Middle District during the years of the George H. W. Bush Presidency, 1988–1992. The Middle District experienced intense overcrowding due to expanding case load, and the ... More


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