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Full-Text Articles in Social and Behavioral Sciences
The Politics Of Judicial Restraint : The Rehnquist Court And The New Federalism, Sarah J. Vinson
The Politics Of Judicial Restraint : The Rehnquist Court And The New Federalism, Sarah J. Vinson
Honors Theses
Chief Justice William H. Rehnquist and the Supreme Court under his leadership have been charged, respectively, with leading and enacting a federalism revolution. From the beginning, Rehnquist, first as an associate justice and later as Chief Justice, has displayed a commitment to notions of constitutionalism, originalism, and federalism. In the years before Rehnquist joined the Supreme Court, the idea of federalism, what Felix Frankfurter described as "the happy relation of States to Nation," certainly underwent numerous transformations, altering it from what was originally intended into a doctrine far friendlier to the expansion of national power at the expense of the …
"I Respectfully Dissent" : Intellectual Leadership In The Nation's Highest Court, Alison M. Smith
"I Respectfully Dissent" : Intellectual Leadership In The Nation's Highest Court, Alison M. Smith
Honors Theses
The right of an individual to dissent from the ideas of his or her peers, or even his or her government, has been one of the defining characteristics of American civil society. The United States itself was founded as a result of American colonists' dissenting from the British government, and our Constitution established a governmental system that would not only accommodate, but encourage a process of deliberative democracy in which the views of both the many and the few would be taken into account and considered thoroughly. A system of internal checks and balances between the legislative, judicial and executive …