Abstract

http://ssrn.com/abstract=931702
 


 



Grand Centrism and the Centrist Judicial Personam


Louis D. Bilionis


University of Cincinnati College of Law


North Carolina Law Review, Vol. 83, 2005
U of Cincinnati Public Law Research Paper No. 06-23

Abstract:     
This article discusses Justice Anthony Kennedy's bold brand of centrism on issues of liberty, termed grand centrism, and distinguishes it from minimalist centrism, primarily represented by Justice O'Connor. Grand centrism recognizes the criticality of popular faith in a constitutional center of shared values. Kennedy does not lose sight of the imperative of clarity for the non-legal world. His grand centrism recognizes the Court's capacity to inspire faith and engagement, not only in the legal community but in American citizens generally. Unlike with minimalist centrism, compromise is not the goal, and therefore the losing side may not be satisfied at all in a particular case.

The article reviews several scholars' attempts to list what values are in fact shared today by Americans under the Constitution and then discusses grand centrism's self-conscious maintenance of those values. Kennedy is a grand centrist only with regard to liberty jurisprudence. With federalism and national power issues, Kennedy's centrism is more purposely positioned between more extreme views, termed conceptual moderation. And when the Constitution's grand scheme is at issue, Kennedy is more the dutiful lawyer than the grand centrist, strictly adhering to set rules of law. The article also discusses Kennedy's judicial personam in light of political centrism, and it responds to critics of Kennedy.

Keywords: Supreme Court, Judicial Philosophy, Constitutional Law

JEL Classification: K39, K40, K41, K49

Accepted Paper Series





Not Available For Download

Date posted: September 20, 2006  

Suggested Citation

Bilionis, Louis D., Grand Centrism and the Centrist Judicial Personam. North Carolina Law Review, Vol. 83, 2005; U of Cincinnati Public Law Research Paper No. 06-23. Available at SSRN: http://ssrn.com/abstract=931702

Contact Information

Louis D. Bilionis (Contact Author)
University of Cincinnati College of Law ( email )
P.O. Box 210040
Cincinnati, OH 45221-0040
United States
Feedback to SSRN


Paper statistics
Abstract Views: 645

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.344 seconds