What do you think? Yet in the almost twenty years during which Rehnquist has served as Chief, Roe has been affirmed not overturned. He led a resurgence of conservatism and judicial restraint on the high court, though some of his more ambitious goals would be frustrated. Peter Robinson: Last two questions. Learn about our remote access options. Bill Pearce. It was Rehnquist who appointed Judge David Sentelle to be the chief of the three-judge panel that oversaw independent counsels. Importantly, other cases make clear that even when Congress’ power to regulate is unquestioned, it has no power to compel unwilling state agencies and officials to enforce federal regulatory regimes. John Yoo: Oh Scalia's clearly the most interesting one to teach and students love to--because Scalia's so provocative. explicitly believed that they were the proper interpretive tools for And in cases on the merits that did involve this question of the separation of powers, he did vote to restrict Miranda in a series of cases over time. Thanks for joining us. regulated activity had a "significant" or "substantial That will not occur, however, if part of the property can be developed despite the regulation, even if the remainder cannot. Now here's the question, as Chief Justice, did Rehnquist do all that he ought to have done to hold Anthony Kennedy in line? “One cannot ignore the fact that a woman is not isolated in her pregnancy, and that the decision to abort necessarily involves the destruction of a fetus," Rehnquist wrote. Kathleen Sullivan: The Chief Justice is not the president. Rehnquist follows more a pragmatic approach. OOOOSouter's dissent recites a different Peter Robinson: Only the nine justices of the court. What will be the philosophical legacy of the man himself? the case at hand without drawing larger conclusions from it. Whether described as 'benign discrimination' or 'affirmative action,' the racial quota is nonetheless a creator of castes, a two-edged sword that must demean one in order to prefer the other.". This would suggest a conservative jurist but let's begin if we could by considering a couple of items on the conservative agenda that Rehnquist failed to deliver. Rehnquist's conclusion was that the Court had tolerated enough, and would admit no more broadening of the Commerce Power. "The Rehnquist court's approach to states' rights derives not from the constitution's text but rather from a structural reading of the kind usually associated with liberal causes." Sin embargo, el grado en el que sus decisiones en realidad impactaron el marco legal es menos claro. The Court found for Lopez, ignore these distinctions. One simply needs to imagine the 5-4 decision that would have been passed down had the circumstances been reversed, and had Al Gore held the lead instead of Bush. It was a very fractured court in the end. © 2020 by the Board of Trustees of Leland Stanford Junior University. How Many People Were Killed by Hurricane Katrina? He grew up with parents of modest but comfortable means, both of whom were conservative Republicans. the conviction of Gregory Johnson who burned an American flag during Any back-tracking on the Court's Peter Robinson: John, you have just admitted it. It has long been clear, of course, that any government law or action that discriminates against certain classes of people (e.g., racial minorities) is subject to the strictest judicial scrutiny. Thus, a compensable taking occurs when regulations impose burdens on private property that are unrelated to the public interest those regulations are intended to serve. In Clinton v. Jones (1997), for example, the Court had to determine whether, and to what extent, a sitting President is immune from private lawsuits seeking damages arising out of unofficial acts that occurred before he took office.

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