Black died September 25, 1971, and Harlan died on December 29 of that year. On the burger court, rehnquist promptly established himself as the most conservative of Nixon's appointees, taking a narrow view of the fourteenth Amendment and a broad view of state power. Rehnquist almost always voted "with the prosecution in criminal cases, with business in antitrust cases, with employers in labor cases, and with the government in speech cases." 34 Although Rehnquist was often a lone dissenter in cases early on, his views would later often become. 7 Professor david Shapiro of Harvard Law School suggested that Rehnquist's votes were guided by three basic propositions: 35 Conflicts between an individual and the government should, whenever possible, be resolved against the individual (this also holds for conflicts between an individual and an employer. Conflicts between state and federal authority should, whenever possible, be resolved in favor of the states. Questions of the exercise of federal jurisdiction should, whenever possible, be resolved against such exercise.
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30 Once bob woodward revealed on may 31, 2005, that. Mark felt was deep Throat, this speculation ended. It was William Rehnquist who determined that government National Mortgage Association guarantees constituted a full faith and credit promise of the United States., nixon received the resignations of two supreme court justices, hugo Black and John Marshall Harlan. After compiling an initial list of possible appointees that ran afoul of Chief Justice burger and the American Bar Association, nixon considered Rehnquist for one of the slots. Henry kissinger sampling discussed the possible pick with presidential advisor. "Rehnquist is pretty far right, isn't he?" Haldeman responded, "Oh, Christ! He's way to the right of Buchanan 32 referring to then-presidential advisor Patrick buchanan. Associate justice edit rehnquist portrait as an Associate justice in 1972 Nixon nominated Rehnquist to replace john Marshall Harlan ii on the supreme court upon Harlan's retirement, and after being confirmed by the senate by a 6826 vote on December 10, 1971, rehnquist took his. 33 There were two vacancies on the court at the time; Nixon nominated Lewis Franklin Powell. To fill the other, left by the retirement of Hugo Black.
25 Many years later, during the 1971 hearing for associate justice and later during the 1986 Senate hearings on his chief justice nomination, several people came forward to complain about Rehnquist's participation in Operation Eagle eye, a republican attempt to discourage minority voters in Arizona. 26 Rehnquist denied the charges, and Vincent Maggiore, then chairman of the Phoenix-area democratic Party, said he had never heard any negative reports about Rehnquist's Election day activities. "All of these things he said, "would have come through." 27 Justice department edit When President Richard Nixon was elected in 1968, rehnquist returned to work in Washington. He served as Assistant Attorney general of the Office of Legal counsel, from 1969 to 1971. 28 In this role, he served as the chief lawyer to Attorney general John Mitchell. President Nixon mistakenly referred to him as "Renchburg" in several of the tapes of oval Office conversations revealed during the watergate investigations. 29 Because he was well-placed in the justice department, rehnquist was mentioned for many years as a possibility for the source known as deep Throat during the watergate scandal.
5 In another memorandum to justice jackson regarding the same case ( Terry rehnquist wrote: Clerks began screaming as soon as they saw this that 'now we can show those damn southerners, etc.' i take a dim view of umum this pathological search for discrimination and. 23 nevertheless, rehnquist recommended to justice jackson that the supreme court should agree to hear the terry case. Private practice edit rehnquist moved to Phoenix, Arizona, where he was in private law practice from review 1953 to 1969. He began his legal work in the firm of Denison Kitchel, subsequently the national campaign manager of the barry. Goldwater presidential campaign in 1964. During these years, rehnquist was active in the republican Party and served as a legal advisor under Kitchel to goldwater's campaign. 24 he collaborated with Harry jaffa on Goldwater's speeches.
19 In any event, while later serving on the supreme court, rehnquist made no effort to reverse or undermine the Brown decision and frequently relied upon it as precedent. 20 21 Rehnquist stated in 1985 that there was a "perfectly reasonable" argument against Brown. Board and in favor of Plessy, even though he now saw the court's decision in Brown as correct. 18 In a memorandum to justice jackson about Terry. Adams, 22 which involved the right of blacks to vote in an allegedly private texas election, rehnquist wrote: The constitution does not prevent the majority from banding together, nor does it attaint success in the effort. It is about time the court faced the fact that the white people of the south do not like the colored people. The constitution restrains them from effecting this dislike through state action, but it most assuredly did not appoint the court as a sociological watchdog to rear up every time private discrimination raises its admittedly ugly head.
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To the argument that a majority may not deprive a minority of its constitutional right, the answer must be made that while this is sound in theory, in the long run it is the majority who will determine what the constitutional rights of the minority. 10 In both his 1971 Senate confirmation hearing for associate justice and his 1986 hearing for chief justice, rehnquist testified that the memorandum reflected the views of Justice jackson rather than his own views. Rehnquist said, "I believe that the memorandum was prepared by me as a statement of Justice jackson's tentative views for his own use." 11 Elsie douglas, long-time secretary and confidante of Justice jackson, stated during Rehnquist's 1986 hearings that his allegation was "a smear. Justice jackson did not ask law clerks to express his views. He expressed his own and they expressed theirs.
That is what happened in this instance." 12 However, the papers of Justices douglas and Frankfurter indicate that Justice jackson voted for Brown in 1954 only after changing his mind. Earings for chief justice, rehnquist tried to put further distance between himself and the 1952 memo: "The bald statement that 'Plessy was right and should earth be reaffirmed was not an accurate reflection of my own views at the time." 14 However, rehnquist acknowledged defending Plessy. 15 several commentators have concluded that the memo reflected Rehnquist's own views rather than those of Justice jackson. 16 17 A biography on Jackson corroborates this explanation, stating that Jackson instructed his clerks to express their own views, not his. 18 This conclusion outlay is further corroborated by an article published in The boston College law review in 2012, which analyzes a 1955 letter written to justice Frankfurter that criticized Justice jackson.
In 1950, he attended Harvard University, where he received another Master of Arts, this time in government. He later returned to Stanford, and graduated from the Stanford Law School in the same class as Sandra day o'connor, with whom he would serve on the supreme court. They briefly dated at Stanford. 8 Rehnquist graduated first in his class. 7 Law clerk at the supreme court edit rehnquist went to washington,.
C., to work as a law clerk for Justice robert. Jackson of the United States Supreme court during the court's term. 9 There, he wrote a memorandum arguing against federal court-ordered school desegregation while the court was considering the landmark case of Brown. Board of Education, which was later decided in 1954. Rehnquist's 1952 memo, entitled "a random Thought on the segregation Cases defended the "separate-but-equal" doctrine. In that memo, rehnquist said: I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by "liberal" colleagues, but I think Plessy. Ferguson was right and should be reaffirmed.
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He was put into a pre- meteorology program and assigned to denison University until February 1944, when the program was shut down. He served three months at Will Rogers field in Oklahoma city, three months in Carlsbad, new Mexico, and then went to hondo, texas, for a few months. He was then chosen for another training program, which began at Chanute field, illinois, and ended at Fort Monmouth, new Jersey. The program was designed to teach the maintenance and repair of weather instruments. In the summer of 1945, rehnquist went overseas as a weather observer in North Africa. 6 After the war, rehnquist attended Stanford University with assistance under the provisions of the. 7 In 1948, din he received both a bachelor of Arts and a master of Arts degree in political science.
Wade (1973) decision and continued to argue that roe had been dissertation incorrectly decided in Planned Parenthood. Gore (2000 he voted with the court's majority to end the Florida recount. Contents Early life edit rehnquist was born on October 1, 1924 and grew up in the milwaukee suburb of Shorewood. His father, william Benjamin Rehnquist, was a sales manager at various times for printing equipment, paper, and medical supplies and devices; his mother, margery peck rehnquist—the daughter of a local hardware store owner who also served as an officer and director of a small insurance. 2 His paternal grandparents immigrated from Sweden. 3 4 Rehnquist graduated from Shorewood High School in 1942. 5 he attended Kenyon College, in Gambier, Ohio, for one quarter in the fall of 1942, before entering the. He served from March, mostly in assignments in the United States.
became an intellectual and social leader of the rehnquist court, earning respect even from the justices who frequently opposed his opinions. Though he remained a member of the conservative wing of the court, Associate justices Antonin Scalia and Clarence Thomas were often regarded as more conservative. As Chief Justice, rehnquist presided over the impeachment trial of President Bill Clinton. Rehnquist wrote the majority opinions in United States. Lopez (1995) and United States. Morrison (2000 holding in both cases that Congress had exceeded its power under the commerce Clause. He opposed the court's roe.
Jackson during the supreme court's resume term and served as a legal adviser for. Republican presidential nominee, barry goldwater in the 1964 election. In 1969, President, richard Nixon appointed Rehnquist. Assistant Attorney general of the, office of Legal counsel. In 1971, nixon nominated Rehnquist to succeed Associate justice. John Marshall Harlan ii, and Rehnquist won, senate confirmation that same year. Rehnquist quickly established himself as the most conservative member of the.
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For other uses, see. William Hubbs Rehnquist ( /rɛnkwɪst/ ; October 1, 1924 september 3, 2005) was an American lawyer and jurist who served on the, supreme court of the United travel States for 33 years, first. Associate justice from 1972 to 1986, and then as the 16th. Chief Justice of the United States from 1986 until his death in 2005. Considered a conservative, rehnquist favored a conception of federalism that emphasized the, tenth Amendment 's reservation of powers to the states. Under this view of federalism, the court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the. Born in, shorewood, wisconsin, rehnquist pursued a legal career. Phoenix, Arizona after graduating from, stanford Law School. He clerked for Associate justice.