ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00421.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

On the fundamental distribution of power between states and nation, the record of the Rehnquist Court is mixed. While it has supported state prerogatives in selected areas such as criminal justice, the Court is much less sympathetic in threshold questions of federalism. Using the Commerce Clause, especially in its dormant or negative form, the Court continues to promote federal preemptive efforts. The strength of the ruling in Garcia intensifies almost by default as the Court fails to inquire systematically into the foundational principles of contemporary federalism. The protection of state interests remains in the national political process, not in the judiciary.

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00422.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

This article examines the Rehnquist Court's equal protection record in a variety of fields, including school desegregation, affirmative action, and race‐conscious congressional districting. Its underlying thesis is that an unduly wooden commitment to a “color‐blind” (or “gender‐blind”) Constitution in the near term, combined with a naive faith in the adequacy of negative rather than affirmative remedies for racial and related forms of discrimination, may defeat that worthy principle's ult

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00423.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

This article reviews and analyzes decisions of the Rehnquist Court involving the interpretation of constitutional rights applicable to both abortion access and antiabortion protest. By the mid‐1990s the Court was attempting to balance the rights of antiabortion protesters with the rights and interests of those seeking and performing abortions. In previous Terms the Rehnquist Court had reaffirmed the central holding in Roe v. Wade (1973). Nonetheless, conservatives on and off the Court continued to push for the overruling of Roe. Moreover, antiabortion activists persisted in their efforts to inhibit access to abortion clinics and their operations.The first part of this article develops a model of pragmatic jurisprudence and its application to privacy issues, with emphasis on abortion interests. The second part focuses on the abortion cases brought before the Rehnquist Court, with one section covering cases decided prior to the 1993 Term, and another section covering abortion protest cases decided during that Term. The article concludes with observations about alternative approaches in this complex area of political jurisprudence, giving particular attention to the views of Justice Scali

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00424.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

In recent years the Rehnquist Court's interpretation of the religion clauses has been characterized chiefly by division and uncertainty. In numerous opinions, various members of the Court have defended and challenged traditional definitions and tests applied by earlier courts to First Amendment free exercise and establishment clause issues. By the mid‐1990s the wide divergence of views revealed a fractured Court with little or no leadership on the part of the Chief Justice. The religion cases examined in this article illustrate how the Court has incrementally modified constitutional law. Selective analysis of judicial opinions supports the conclusion that the justices have often distinguished precedents and reevaluated Courtmade tests, producing results in individual decisions that adhere to no distinct pattern. The Rehnquist Court, while frequently challenging traditional interpretations, has nevertheless been reluctant to attempt basic doctrinal innovation in this area of First Amendment jurisprudenc

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00425.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

Associate Justice Sandra Day O'Connor recently observed that, “It is always true that when we lose a justice and get a new one, we have a new court” (Biskupic 1994a, 33). In light of the number of new justices added to the Supreme Court in the past few years, it may be futile to attempt generalizations concerning the ideological criminal procedure trends of “a” Rehnquist Court, and more informative to view the decisions from public policy and judicial behavior perspectives. Focusing on the criminal justice area, this article provides (1) a comparative overview of decisionmaking characteristics of the Burger and Rehnquist Courts, and (2) an analysis of Rehnquist Court decisions, highlighting specific substantive areas of conflict and noting emerging judicial coalitions as gleaned from close‐margin cases decided during the 1986–1993 Terms. If the labels “liberal” and “conservative” no longer have real value in describing distinct ideologies of blocs of sitting justices, then political scientists are urged to evaluate the Rehnquist Court as nine independent political actors in temporary and shifting coalitions formed in response to specific,

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00426.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

This paper links the selection of Supreme Court justices to change in federal habeas corpus policy. This change, sought by every Republican president since Richard Nixon, is strongly conservative. It restricts access to federal court by state prisoners seeking redress for alleged violation of Constitutional rights. This research analyzes the judicial selection process after Earl Warren's retirement as Chief Justice. It compares decisions of the Warren, Burger and Rehnquist Courts on habeas corpus questions using descriptive quantitative analysis and qualitative doctrinal analysis. The Burger Court was unsuccessful in bringing about conservative change, but the Rehnquist Court, by the early 1990s, had dramatically accomplished its goals. The Rehnquist Court developed much stricter standards for obtaining review in the areas of the abuse of the writ in successor petitions, procedural default and retroactivity of new constitutional rules. The Rehnquist Court's conservative policy was judicially activist in that it overturned precedent and used statutory interpretation to bring about policies rejected by Congress.

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00427.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

In this paper, we use multidimensional scaling (MDS) as developed by Kruskal to examine patterns of behavior on the Supreme Court for the five “natural courts” during the period 1986–1994. The data employed in the study are the interagreement scores among the justices compiled by and published in the Harvard Law Review. In general, we find that a one‐dimensional solution performs satisfactorily in capturing the variance in the interagreement matrix. In examining the distribution of scale scores along this underlying dimension, it is evident that the relative positioning of the justices resembles the common sense placement of them along the conventional liberal‐conservative continuum. Thus, MDS appears to be a convenient and useful means of systematically identifying the Court's ideological spectrum from its decision making

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00428.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

Book reviewed in this article:Stanley H. Friedelbaum.The Rehnquist Court: In Pursuit of Judicial Conservatism.Lee Epstein and Joseph F. Kobylka.The Supreme Court and Legal Change: Abortion and the Death Penalty.John B. Gates.The Supreme Court and Partisan Realignment: A Macro‐ and Microlevel Perspective.David Savage.Turning Right: The Making of the Rehnquist Supreme Court.Geoffrey R. Stone, Richard A. Epstein, and Cass R. Sunstein, eds.The Bill of Rights in the Modern State.Donald W. Jackson.Even the Children of Strangers: Equality Under the U.S. Constitution.John R. Vile.Rewriting the United States Constitution: An Examination of Proposals from Reconstruction to the Present.Barry Krusch.The 21st Century Constitution.Glenn A. Phelps.George Washington and American Constitutionalism.Neil D. McFeeley.Appointment of Judges: The Johnson Presidency.William M. Wiecek.Liberty Under Law: The Supreme Court in American Life.John R. Vile.The Constitutional Amending Process in American Political Thought.Douglas S. Campbell.The Supreme Court and the Mass Media: Selected Cases, Summaries, and Analyses.Jonathan Lurie.Arming Military Justice: The Origins of the United States Court of Military Appeals, 1775‐1950.John B. Gates and Charles A. Johnson, eds.The American Courts: A Critical Assessment.Gregory Bassham.Original Intent and the Constitution: A Philosophical Study.John B. Gates.The Supreme Court and Partisan Realignment: A Macro‐ and Microlevel Perspective.Harry H. Wellington.Interpreting the Constitution: The Supreme Court and the Process of Adjudic

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00429.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

ISSN:0730-2177    

DOI:10.1111/j.1747-1346.1995.tb00420.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY