The Constitutional Jurisprudence of Justice Kennedy on Federalism and Separation of Powers
42 Capital U.L. Rev. 531 (2014)
54 Pages Posted: 27 Apr 2013 Last revised: 13 Oct 2020
Date Written: April 26, 2013
As the swing vote on the current Court, Justice Kennedy’s views on the doctrine of federalism and separation of powers are often critical. This article discusses Justice Kennedy’s views on these issues against the backdrop of the Court’s general federalism and separation of powers jurisprudence. In each case, Justice Kennedy has rejected the approach of the conservative and liberal ideological extremes on the Court, and has instead forged a pragmatic, practical approach to separation of powers and federalism doctrines. As the critical fifth vote in a number of these cases, Justice Kennedy has kept the Court in a balanced, centrist approach on these issues.
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