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| | # Preserving [[federalism]] by limiting the [[Commerce Clause]], which had been used as a "hook" for national legislation of all kinds, unrelated to commerce (''[[U.S. v. Lopez]]''). This had the effect of checking what had formerly been a fairly comprehensive governmental power over the states. | | # Preserving [[federalism]] by limiting the [[Commerce Clause]], which had been used as a "hook" for national legislation of all kinds, unrelated to commerce (''[[U.S. v. Lopez]]''). This had the effect of checking what had formerly been a fairly comprehensive governmental power over the states. |
| | # Establishing affirmative limits on the federal government's ability to regulate state affairs (National League of Cities). This interpretation of affirmative limits led to the defeat of elements of the [[Brady Bill]]. | | # Establishing affirmative limits on the federal government's ability to regulate state affairs (National League of Cities). This interpretation of affirmative limits led to the defeat of elements of the [[Brady Bill]]. |
| − | # Emphasizing judicial restraint, as in, the idea that the Court should stay out of matters of political importance where the legislature has clearly spoken. | + | # Emphasizing judicial restraint, as in, the idea that the Court should stay out of matters of political importance where the legislature has clearly spoken. See also: [[Living Constitution]] |
| | # Adhering to strict construction, as in, a narrow reading of the Constitution, although not as strict as [[Antonin Scalia]]'s [[new textualism]] approach. | | # Adhering to strict construction, as in, a narrow reading of the Constitution, although not as strict as [[Antonin Scalia]]'s [[new textualism]] approach. |
| | # Limiting the scope of [[Section 1983]] actions and preventing it from federalizing all tort claims against state officials. These decisions included: | | # Limiting the scope of [[Section 1983]] actions and preventing it from federalizing all tort claims against state officials. These decisions included: |
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| | [[Liberals]] have also criticized Rehnquist's narrow view of [[recusal]], as Rehnquist rarely recused himself from a case and would criticize recusal or defend non-recusal. He dismissed calls by [[U.S. Senators]] for Associate Justice [[Antonin Scalia]] to recuse himself in a case involving Scalia's friend Vice President [[Dick Cheney]] in his official rather than personal capacity.<ref>http://www.cnn.com/2004/LAW/01/27/scotus.cheney.scalia/index.html</ref> Rehnquist did not recuse himself in a case concerning his alma mater [[Stanford University]].<ref>''[[Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ.]]''</ref> | | [[Liberals]] have also criticized Rehnquist's narrow view of [[recusal]], as Rehnquist rarely recused himself from a case and would criticize recusal or defend non-recusal. He dismissed calls by [[U.S. Senators]] for Associate Justice [[Antonin Scalia]] to recuse himself in a case involving Scalia's friend Vice President [[Dick Cheney]] in his official rather than personal capacity.<ref>http://www.cnn.com/2004/LAW/01/27/scotus.cheney.scalia/index.html</ref> Rehnquist did not recuse himself in a case concerning his alma mater [[Stanford University]].<ref>''[[Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ.]]''</ref> |
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| | + | ==Works== |
| | + | * [http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No2_Rehnquist.pdf The Notion of a Living Constitution] (PDF) |
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| | == References == | | == References == |
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| | <references/> | | <references/> |
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