Changes

== Landmark Decisions & Judicial Theories ==

== Landmark Decisions & Judicial Theories ==

Rehnquist was known for his "Pillars of Freedom," or attempts to return to a more conservative approach to federalism and states rights.  He was a consistent conservative voice on the Supreme Court, next to Justices Thomas and Scalia during his term as Chief Justice.  His "pillars" were:

Rehnquist was known for his "Pillars of Freedom," or attempts to return to a more conservative approach to federalism and states rights.  He was a consistent conservative voice on the Supreme Court, next to Justices Thomas and Scalia during his term as Chief Justice.  His "pillars" were:

# Weakening the commerce clause, which had been used as a "hook" for national legislation of all kinds, unrelated to commerce (U.S. v. Lopez).

# Weakening 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.

# Affirmative limits on the federal government's ability to regulate state affairs (National League of Cities).

# 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]].

# Judicial Restraint

# Judicial Restraint, as in, the idea that the Court should stay out of matters of political importance where the legislature has clearly spoken.

# Strict Construction, as in, a narrow reading of the Constitution, although not as strict as [[Antonin Scalia]]'s [[new textualism]] approach.

# Strict Construction, as in, a narrow reading of the Constitution, although not as strict as [[Antonin Scalia]]'s [[new textualism]] approach.

[[Category:US Judges]]

[[Category:US Judges]]