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NCJ Number: 158257 Find in a Library
Title: Chief Enigma
Journal: ABA Journal  Volume:81  Dated:(October 1995)  Pages:66-69
Author(s): A E D Howard
Date Published: 1995
Page Count: 4
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the legacy left by former U.S. Chief Justice Warren Burger, who was appointed in 1969 by President Nixon in order to bring a more conservative bent to the Supreme Court.
Abstract: Instead of providing a pure contrast to its predecessor, the Warren Court, the Burger Court seemed to continue with the process of judicializing or constitutionalizing more areas of American life through its rulings on abortion, the death penalty, prison conditions, sex discrimination, and commercial speech. This author suggests that the enigma of the Burger Court was that it never developed a clear, consistent philosophy but instead was an activist court, willing to articulate new rights not explicitly found in the Constitution. Burger himself was ambivalent about the reach of Federal judicial power, as reflected in his opinions in cases involving the busing of schoolchildren, church-state relations, and Federalism.
Main Term(s): Courts
Index Term(s): Judicial activism; US Supreme Court decisions
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