Question - What did the Burger Court do?

Answered by: Louis Simmons  |  Category: General  |  Last Updated: 16-06-2022  |  Views: 1039  |  Total Questions: 14

The Burger Court is notable for its position on abortion. In 1973, the Court decided Roe v. Wade, which determined that there is a constitutional right to privacy which encompasses the right for a woman to obtain an abortion, without restrictions, in the first trimester of pregnancy. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court and Warren Court. Through its rulings, the Rehnquist Court often promoted a policy of New Federalism in which more power was given to the states at the expense of the federal government. The Burger Court had a less generous interpretation of the protections offered by the Fourth Amendment and the Fifth Amendment than those of the Warren Court, but the Burger Court did not overrule any of the major precedents set by the Warren Court. Warren Earl Burger (September 17, 1907 – June 25, 1995) was the 15th chief justice of the United States, serving from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Burger was a surprise choice for chief justice He worked to balance liberal and conservative extremes on the Court, to the disappointment of hard-line conservatives who had hoped he would take the Court in a more conservative direction.

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https://www.vocabulary.com/dictionary/Rehnquist

n United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) Synonyms: William Hubbs Rehnquist, William Rehnquist Example of: chief justice. the judge who presides over a supreme court.

Richard Nixon January 7, 1972 Ronald Reagan September 26, 1986

https://www.law.cornell.edu/supct/08highlts.html

United States, Ginsburg, Scalia, Thomas, Souter, and Roberts formed the majority with Alito, Stevens, and Breyer dissenting. Kentucky Retirement Systems v. EEOC witnessed Breyer, Roberts, Stevens, Souter, and Thomas joining in the majority opinion, with Kennedy, Scalia, Ginsburg, and Alito dissenting together.

https://en.wikipedia.org/wiki/William_Rehnquist

William Hubbs Rehnquist (/ˈr? nkw? st/; October 1, 1924 – September 3, 2005) was an American jurist and lawyer who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986 and then as the 16th Chief Justice from 1986 until his death in 2005.

https://www.wneclaw.com/conlaw/commerceclausereview.html

This power is viewed as consisting of 3 categories of regulatory authority: (1) the power to regulate the channels of interstate commerce, (2) the power to regulate the instrumentalities of interstate commerce, and (3) the power to regulate local activities that have a substantial economic effect on interstate commerce

https://en.wikipedia.org/wiki/Judicial_activism

Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues.

https://en.wikipedia.org/wiki/Judicial_restraint

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

https://www.supremecourt.gov/about/faq_general.aspx

Like the Associate Justices, the Chief Justice is appointed by the President and confirmed by the Senate. There is no requirement that the Chief Justice serve as an Associate Justice, but 5 of the 17 Chief Justices have served on the Court as Associate Justices prior to becoming Chief Justice.

https://www.npr.org/2018/03/05/590920670/from-fraud-to-individual-right-where-does-the-supreme-court

Former Chief Justice Warren Burger, a conservative, said the idea that there was an individual right to bear arms was "a fraud. " If he were writing the Bill of Rights now, he said in 1991, "There wouldn't be any such thing as the Second Amendment. "

Richard Nixon June 23, 1969

https://www.britannica.com/topic/chief-justice-of-the-Supreme-Court-of-the-United-States

Chief justice. The chief justice is appointed by the president with the advice and consent of the Senate and has life tenure. His primary functions are to preside over the Supreme Court in its public sessions when the court is hearing arguments and during its private conferences when it is discussing and deciding cases

https://www.nytimes.com/1995/06/27/opinion/justice-burger-s-contradictions.html

Warren Burger lacked the votes to overturn some landmarks from the Court headed by Earl Warren. So instead of overruling the 1966 Miranda decision on warning suspects of their rights, or the exclusionary rule against the use of illegally obtained evidence, he trimmed them and blocked their extension to new areas.

https://en.wikipedia.org/wiki/Richard_Nixon_Supreme_Court_candidates

Nixon appointed Warren E. Burger to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court: Associate Justices Harry Blackmun, Lewis F. Powell, and William Rehnquist. Nixon also nominated G.