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 technology to again make available previously
out-of-print books from the distinguished backlist of Princeton
University Press. These editions preserve the original texts of these
important books while presenting them in durable paperback and
hardcover editions. The goal of the Princeton Legacy Library is to
vastly increase access to the rich scholarly heritage found in the
thousands of books published by Princeton University Press since its
founding in 1905.
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Produktdetaljer
ISBN
9781400859870
Publisert
2014
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter