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The Influence Of Rehnquist Court On American Society

Posted on:2020-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:B B WangFull Text:PDF
GTID:2416330590958650Subject:Law
Abstract/Summary:PDF Full Text Request
Tocqueville said,"political problems that arise in the United States are seldom resolved,sooner or later,as a matter of justice." Tocqueville’s remark is intended to underscore the important role of American courts in American society,and the role of the United States Supreme Court,at the top of the US judiciary,in the development of American history is undoubtedly significant and worthy of our study.By reviewing different periods of Federal Supreme Courts in the United States,we can find out that there are different characteristics of judicial decisions,which can be roughly divided into two categories,one is biased towards judicial conservatism and the other is biased toward judicial activism.The Rehnquist Court is one of the more conservative courts and can be said to be one of the representative periods of the Conservative Court,during the Rehnquist Court,many important cases have been decided,is the social development in the process of leaving an integral part of a page,in a certain extent affect the rights of citizens,criminal justice,federal and states’ rights and race.Domestic studies on the Rehnquist court are mainly recorded in comprehensive works,and most of them analyze important cases in the co urt period of Rehnquist from a legal perspective,which lacks a comprehensive grasp.Although this article is also based on the case,as same as other researches.However,it not only focuses on the case itself,but also pays more attention to the analysis of the impact of the case,in the hope of showing the impact of the Rehnquist court on American society as comprehensively as possible.Firstly,this paper gives an overview of the composition and style of the Rehnquist court.Secondly,analyze the difference of the social background and the ruling party between the Rehnquist Court and the Warren Court.Eventually,different styles of judgment emerged,and explore the different applications of the same principle.;The four perspectives of the trials in the Rehnquist Court were then examined to analyze their impact on civil rights,criminal justice,racial,federal and state rights.To be specific,on civil rights,the scope of freedom of speech has been expanded and the legalization of homosexual acts has been promoted;on criminal justice,limited the development of the Miranda rules and sought a balance between control criminal and protect the rights of suspects;on the issue of race,the policy of racial equality developed gently and gradually;on federal and states’ rights,restricted federal rights and expanded state rights.The wisdom of justice Rehnquist and the court of Rehnquist could be seen from the judgment results,arguments and main opinions.While discussing the influence of the Rehnquist court on American society,I also hope to provide some reference for the reform of our country’s judicial system and bring different minds for the reform of our country ’s judicial system.
Keywords/Search Tags:Rehnquist court, civil rights, Miranda rules, Affirmative action, Federal and States’ rights
PDF Full Text Request
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