The Late Rehnquist Court And The Rise Of States' Rights In Contemporary America (1991-2005)

Since 1991, the late Rehnquist Court has dramatically limited the scope of congress's powers and greatly expanded the protection of state authority. During this period, more than ten conservative cases were decided, and almost all such cases had been 5-4 decisions, with the majority comprised of Rehnquist, O'Connor, Scalia, Kennedy and Thomas. Through its interpretations of the interstate commerce clause and of the tenth, eleventh Amendments, the late Rehnquist Court reminded Congress that its power to govern has limits; the Constitution created a Federal Government of limited powers, but also modified the New Deal synthesis circa 1937. The article contains four parts:The first part, the late Rehnquist court raised the state rights in order to modify the American federalism since 1937 from the states' aspect in the beginning, which contains two aspects, first, by use of the 10th amendment to the Constitution to raise the reserved rights in order to upgrade the status of states; then using the eleventh amendment of the Constitution states to revive the sovereign immunity in order to protect the states' sovereignty dignity.The second part, the late Rehnquist Court enlarged the limitation to the federal Congress authority ,then expanded the states rights indirectly, which contains two aspects, first, interpretation "the commerce clause" with a narrow sense to limit the Congress's legislative power according to "the commerce clause"; second, limiting the congress enforcement power according to section 5 of the Fourteenth Amendment. The purpose of limiting legislation and enforcement power of Congress was to reiterate that the Constitution created a Federal Government of limited powers, then to revise the American federal system from the federal country's aspect.The third part, Why Rehnquist Court drove up states' rights? Since 1960's, the development of American conservatism, especially new-conservatism drew a background for the conservative position of the late Rehnquist Court. Since 1970's, "New federalism" reform of the Republic administration led a good demonstration for the late Rehnquist Court. Measures took by 104th Congress stimulated and propelled the conservative position of the late Rehnquist Court. From 1968 through 1992, "conservative revolution" led by ten consecutive Republican appointments to justice has achieved a pattern of decidedly success in the Supreme Court's conservatism. Since 1970's, the increase of conservative activism in Supreme Court drew a direct impulse to conservative position of the late Rehnquist Court. Besides, the chief justice Rehnquist did great work in gathering the conservative bloc.The fourth part, my opinions in Rehnquist Court driving up states' rights. Though not absolutely strike down the" new deal synthesis ",driving up states' powers confirmed the efforts of the" new federalism" reform in the pattern of "judicial legislation", exerted a judicial role in adjusting American federalism. Through driving up states' powers, the late Rehnquist Court has formed a new case law of conservative activism, creating "the third routine" in America judicial tradition, and revitalized the debate about federalism...