The Constitutional Jurisprudence of Justice Kennedy on Federalism and Separation of Powers

54 Pages Posted: 27 Apr 2013  

Charles D. Kelso

University of the Pacific - McGeorge School of Law

R. Randall Kelso

South Texas College of Law Houston

Date Written: April 26, 2013

Abstract

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.

Suggested Citation

Kelso, Charles D. and Kelso, R. Randall, The Constitutional Jurisprudence of Justice Kennedy on Federalism and Separation of Powers (April 26, 2013). Pacific McGeorge School of Law Research Paper . Available at SSRN: https://ssrn.com/abstract=2257022 or http://dx.doi.org/10.2139/ssrn.2257022

Charles D. Kelso

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States
916-739-7001 (Phone)
916-739-7111 (Fax)

R. Randall Kelso (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States
713-646-1837 (Phone)

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