The 'Federalism Five' as Supreme Court Nominees, 1971-1991
John Q. Barrett
St. John's University School of Law; Robert H. Jackson Center
St. John's Journal of Legal Commentary, Vol 21, pp. 485-496, Spring 2007
St. John's Legal Studies Research Paper No. 07-0063
This article looks back at the Senate confirmation hearing testimonies of the Supreme Court nominees who became Chief Justice Rehnquist and Associate Justices O'Connor, Scalia, Kennedy and Thomas. As justices, they generally voted together in path-breaking federalism cases. As nominees testifying, however, they did not announce or for the most part even much hint at what came to be their consequential judicial views of national power and state sovereignty, although they did wrestle with "federalism" as much as they were asked and required to do.
Number of Pages in PDF File: 13
Keywords: federalism, 10th Amendment, Rehnquist, O'Connor, Scalia, Kennedy, Thomas, Senate confirmation hearings
Date posted: January 23, 2007
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