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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

13 Pages Posted: 23 Jan 2007  

John Q. Barrett

St. John's University School of Law; Robert H. Jackson Center

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

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: https://ssrn.com/abstract=958940

John Q. Barrett (Contact Author)

St. John's University School of Law ( email )

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HOME PAGE: http://www.stjohns.edu/academics/graduate/law/faculty/Profiles/Barrett

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