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The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
Faculty Scholarship
The Supreme Court is implicitly assumed to have a certain unity of character under each Chief Justice. Hence, we refer to the "Marshall Court," the "Warren Court," and the "Rehnquist Court." A closer look at history reveals that this assumption of a natural Court defined by the tenure of each Chief Justice is often misleading. The Marshall Court had a different character late in its life than it did in its early years. Similarly, the Warren Court became distinctively more liberal and activist after 1962 when Felix Frankfurter retired and was replaced by Arthur Goldberg.
Although the Rehnquist Court is …
Law And Judicial Duty, Philip A. Hamburger
Law And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."
He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …