The 'Federalism Five' as Supreme Court Nominees, 1971-1991

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