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http://ssrn.com/abstract=958940
 
 

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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.

Number of Pages in PDF File: 13

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

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Date posted: January 23, 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

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: http://www.stjohns.edu/academics/graduate/law/faculty/Profiles/Barrett
Robert H. Jackson Center
305 East Fourth Street
Jamestown, NY 14701
United States
716-483-6646 (Phone)
716-483-0690 (Fax)
HOME PAGE: http://www.roberthjackson.org
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