Abstract

Footnotes (31)

Beta

Download | Share | Email | Add to Briefcase | Buy Hard Copy

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

Abstract:
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.

Keywords: federalism, 10th Amendment, Rehnquist, O'Connor, Scalia, Kennedy, Thomas, Senate confirmation hearings

Accepted Paper Series

Date posted: January 23, 2007 ; Last revised: March 28, 2007

Suggested Citation

Barrett, John Q., The 'Federalism Five' as Supreme Court Nominees, 1971-1991. St. John's Journal of Legal Commentary, Vol 21, pp. 485-496, Spring 2007; St. John's Legal Studies Research Paper No. 07-0063. Available at SSRN: http://ssrn.com/abstract=958940

Export to: Export Citation What's this?

Contact Information

John Q. Barrett (Contact Author) St. John's University - School of Law ( email ) 8000 Utopia Parkway Queens, NY 11439 United States 718-990-6644 (Phone) 718-990-2199 (Fax) HOME PAGE: www.law.stjohns.edu
Robert H. Jackson Center 305 East Fourth Street Jamestown, NY 14701 United States 716-483-6646 (Phone) 716-483-0690 (Fax) HOME PAGE: www.roberthjackson.org

Abstract

Footnotes (31)

Date posted: January 23, 2007 ; Last revised: March 28, 2007

Suggested Citation

Contact Information

John Q. Barrett (Contact Author)