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A Court Divided: The Rehnquist Court and the Future of Constitutional Law

by

A Court Divided: The Rehnquist Court and the Future of Constitutional Law Cover

 

Synopses & Reviews

Publisher Comments:

In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Book News Annotation:

Tushnet (constitutional law, Georgetown U. Law Center) analyzes the legal personalities and decisions of the US Supreme Court under Chief Justice Rehnquist. His overarching argument has to do why the Rehnquist court, to the dismay of the religious right, could generally be counted on to advance economic conservatism but simultaneously failed to roll back the cultural leftism unleashed by the Warren Court. His explanation distinguishes between new (Reagan/Goldwater) Republicans such as Scalia and Thomas and old Republicans such O'Connor and Souter, who tended not to join their Republican colleagues on such issues as abortion, affirmative action, and gay rights. In addition to examining these issues and explaining this dynamic, he profiles four of the justices in relation to signature issues: Clarence Thomas and constitutional "originalism," Ruth Bader Ginsberg and gender discrimination; Antonin Scalia and the absolute First Amendment; and Anthony Kennedy and gay rights. Annotation ©2007 Book News, Inc., Portland, OR (booknews.com)

Synopsis:

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews

About the Author

Mark Tushnet is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center. He lives in Washington, DC.

Product Details

ISBN:
9780393327571
Author:
Tushnet, Mark
Publisher:
W. W. Norton & Company
Author:
Tushnet, Mark V.
Subject:
Legal History
Subject:
Constitutional
Subject:
Constitutional law
Subject:
Courts - Supreme Court
Subject:
Political questions and judicial power
Subject:
United states
Subject:
Rehnquist, William H.
Subject:
Law | Constitutional Law
Publication Date:
20051131
Binding:
TRADE PAPER
Grade Level:
General/trade
Language:
English
Pages:
416
Dimensions:
8.32x5.60x1.00 in. .83 lbs.

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Related Subjects

History and Social Science » Law » Constitutional Law
History and Social Science » Law » General
History and Social Science » Law » Legal Guides and Reference

A Court Divided: The Rehnquist Court and the Future of Constitutional Law New Trade Paper
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Product details 416 pages W. W. Norton & Company - English 9780393327571 Reviews:
"Synopsis" by , "An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews
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