Abstract

http://ssrn.com/abstract=739233
 
 

Citations (2)



 
 

Footnotes (281)



 


 



Ronald Reagan and the Rehnquist Court on Congressional Power: Presidential Influences on Constitutional Change


Dawn E. Johnsen


Indiana University Maurer School of Law


Indiana Law Journal, Vol. 78, p. 363, 2003

Abstract:     
This article was published as part of a symposium on "Congressional Power in the Shadow of the Rehnquist Court." It reviews recent Rehnquist Court decisions that limit congressional power - including through limits on Congress's section 5 and commerce powers as well as state sovereign immunity and "anti-commandeering" doctrine - and traces them to a concerted effort on the part of ideological conservatives to change the direction of constitutional law. The article focuses on a little-known series of lengthy reports issued by the U.S. Department of Justice, under the direction of President Reagan's Attorney General Ed Meese, that developed a detailed and comprehensive constitutional vision on all the great issues of the day - the right to privacy, affirmative action, religion, and many other issues in addition to congressional power and federalism - a vision, moreover, often at odds with Supreme Court precedent. The reports also addressed strategies for implementing the Reagan/Meese vision, including a call for the appointment of ideologically sympathetic judges. The article considers the Reagan/Meese effort as an example of the central role the political branches, and more generally non-judicial forces, play in promoting constitutional change.

Number of Pages in PDF File: 51

Keywords: Congressional power, constitutional interpretation, constitutional change, Ronald Reagan, Rehnquist Court, judicial selection, judicial appointments, non-judicial constitutional interpretation, federalism

JEL Classification: K10, K19, K30, K39

Accepted Paper Series


Download This Paper

Date posted: June 9, 2005  

Suggested Citation

Johnsen, Dawn E., Ronald Reagan and the Rehnquist Court on Congressional Power: Presidential Influences on Constitutional Change. Indiana Law Journal, Vol. 78, p. 363, 2003. Available at SSRN: http://ssrn.com/abstract=739233

Contact Information

Dawn Elizabeth Johnsen (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-3942 (Phone)
812-855-0555 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 2,524
Downloads: 205
Download Rank: 84,750
Citations:  2
Footnotes:  281

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.282 seconds