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The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

by Thomas Moylan Keck

The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism Cover

ISBN13: 9780226428857
ISBN10: 0226428850
Condition: Standard
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Synopses & Reviews

Publisher Comments:

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.

Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Review:

"Keck devastates claims that contemporary conservatives on the federal bench have no judicial agenda other than to return control over basic polity questions to elected officials."

Review:

"Provocative."-Jeffrey Rosen, New Republic

(Jeffrey Rosen, New Republic, Nov 8 2004 )

Review:

Choice Outstanding Academic Title, 2006
(Choice, Jan 1 2006 )

Review:

"Keck makes a compelling case for the Rehnquists Courts very high level of judicial activism. I agree that for too long judicial activism has been equated with liberal judicial decisions. His book makes a clear statement that the same Court may issue both liberal activist decisions and conservative activist decisions. . . . I would recommend [the book] for general courses on the Supreme Court, the judicial system, or American politics."

Review:

"Superb. A thoughtful, comprehensive, and balanced account of the rise of modern conservative activism in the United States Supreme Court. Keck's The Most Activist Supreme Court in History is both an indispensable history of post-New Deal constitutional theory and an impressive `new institutionalist' analysis of recent constitutional change. It should be essential reading for anyone interested in American constitutionalism or Supreme Court politics."<\#209>Howard Gillman, author of The Votes That Counted

Review:

"Keck makes a compelling case for the Rehnquists Courts very high level of judicial activism. I agree that for too long judicial activism has been equated with liberal judicial decisions. His book makes a clear statement that the same Court may issue both liberal activist decisions and conservative activist decisions. . I would recommend [the book] for general courses on the Supreme Court, the judicial system, or American politics."
(Craig Emmert, Law and Politics)

Review:

"Provocative."-Jeffrey Rosen, New Republic

About the Author

Thomas M. Keck is assistant professor of political science in the Maxwell School of Citizenship and Public Affairs at Syracuse University.

Table of Contents

List of Tables

Preface

Introduction: The Supreme Court and Modern Judicial Conservatism

Part I. The Roots of Modern Judicial Conservatism, 1937-1969

1. The New Deal Revolution and the Reconstruction of Constitutional Law, 1937-1949

2. Frankfurter's Failure: The Rise and Decline of Judicial Self-Restraint, 1949-1962

3. The Warren Court and Its Critics, 1962-1969

Part II: The Court and the Conservative Turn in American Politics, 1969-1994

4. The Nixon Court and the Conservative Turn, 1969-1980

5. The Reagan Court and the Conservative Ascendance, 1980-1994

Part III: The Rehnquist Court and the Splintering of Judicial Conservatism, 1994-2003

6. Activism and Restraint on the Rehnquist Court

7. Law and Politics on the Rehnquist Court

Conclusion: Modern Conservatism and Judicial Power

Notes

Cases Cited

References

Index

Product Details

ISBN:
9780226428857
Subtitle:
The Road to Modern Judicial Conservatism
Author:
Keck, Thomas Moylan
Author:
Keck, Thomas M.
Publisher:
University of Chicago Press
Location:
Chicago
Subject:
Legal History
Subject:
Law
Subject:
Conservatism
Subject:
Law and politics
Subject:
Courts - Supreme Court
Subject:
General Political Science
Subject:
Political Ideologies - Conservatism & Liberalism
Subject:
United states
Subject:
Law - Political aspects
Edition Description:
1
Series Volume:
dai 9-shåu
Publication Date:
October 2004
Binding:
Paperback
Grade Level:
Professional and scholarly
Language:
English
Illustrations:
11 tables
Pages:
370
Dimensions:
9.00 x 6.00 in

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