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Rehnquist Court and the Constitution

NCJ Number
181372
Author(s)
Tinsley E. Yarbrough
Date Published
2000
Length
318 pages
Annotation
This book provides a comprehensive perspective of the current U.S. Supreme Court justices and their record.
Abstract
Using his skills as a biographer, the author profiles the nine individuals who now sit on the high bench and reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the workload, including the end-of-term "June crunch," and assignment of opinions. The core of the book, however, is a systematic exploration of the Court's record in such fields as government power, economic regulation, and criminal justice. In case decisions the author discusses the various justices' opinions, arguments, and legal theories; he also offers his own analysis, including a critique of the Court's decision to allow the Paula Jones lawsuit to move forward. In the Court's decisions, the author finds a general continuity with the past, albeit shaded by a conservative outlook, especially in matters of criminal justice and affirmative action. The author identifies a significant departure from the past in rulings on economic regulation, as the Rehnquist Court has reversed the trend since 1937 in which the Court had generally adopted an expansive view of Federal power over economic matters. Although the Rehnquist Court is not perceived by the author to have launched an all-out assault on the Warren Court's precedents, it has embarked on significant new departures. Chapter notes and a subject index

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