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The Most Activist Supreme Court in History : The Road to Modern Judicial Conservatism - T.M. Keck

The Most Activist Supreme Court in History

The Road to Modern Judicial Conservatism

By: T.M. Keck

Paperback Published: 1st December 2004
ISBN: 9780226428857
Number Of Pages: 370

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When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.
Ranging from 1937 to the present, "The Most Activist Supreme Court in History" traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

"A welcome and extremely timely book. If one is looking to understand the relationship between constitutional decision-making and the political and social forces which may influence that process, especially in the immediate aftermath of the 2004 presidential election and with the looming prospect of vacancies on the Court, Professor Keck's book more than amply fills the bill."-"New York Law Journal"

"Provocative."--Jeffrey Rosen, "New Republic"

"Provocative."-Jeffrey Rosen, "New Republic"
--Jeffrey Rosen"New Republic" (11/08/2004)
"Provocative."--Jeffrey Rosen, "New Republic"
--Jeffrey Rosen"New Republic" (11/08/2004)

List of Tables
Preface
Introduction: The Supreme Court and Modern Judicial Conservatism
The Roots of Modern Judicial Conservatism, 1937-1969
The New Deal Revolution and the Reconstruction of Constitutional Law, 1937-1949
Frankfurter's Failure: The Rise and Decline of Judicial Self-Restraint, 1949-1962
The Warren Court and Its Critics, 1962-1969
The Court and the Conservative Turn in American Politics, 1969-1994
The Nixon Court and the Conservative Turn, 1969-1980
The Reagan Court and the Conservative Ascendance, 1980-1994
The Rehnquist Court and the Splintering of Judicial Conservatism, 1994-2003
Activism and Restraint on the Rehnquist Court
Law and Politics on the Rehnquist CourtConclusion: Modern Conservatism and Judicial PowerNotesCases
Cited
References
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780226428857
ISBN-10: 0226428850
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 370
Published: 1st December 2004
Publisher: The University of Chicago Press
Country of Publication: US
Dimensions (cm): 22.9 x 14.1  x 1.9
Weight (kg): 0.53
Edition Number: 2