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Unpublished Paper
The Reagan Administration and the Rehnquist Court's New Federalism: Understanding the Role of the Federalist Society
ExpressO (2008)
  • Amanda L Hollis-Brusky, University of California, Berkeley
Abstract

This article takes to task and complicates the narrative advanced by Professor Dawn Johnsen in her 2003 Indiana Law Review Article, “Ronald Reagan and the Rehnquist Court on Congressional Power: Presidential Influences on Constitutional Change.” Using evidence drawn from an in-depth examination of the speeches and writings of actors associated with both the early Federalists and the Reagan Administration, archival documents from the Ronald Reagan Presidential Library, as well as data gathered from personal interviews, this study presents a richer, more nuanced, and more complete narrative of the impact of the Reagan Revolution on the New Federalism. In sum, it finds that if we’ insert the fledgling Federalist Society here’ we can begin to tell a plausible story of conceptual influence that connects the Reagan Administration agenda with the Rehnquist Court federalism decisions.

Keywords
  • federalism,
  • Federalist Society,
  • Reagan,
  • commerce clause,
  • originalism,
  • Department of Justice
Disciplines
Publication Date
August 25, 2008
Citation Information
Amanda L Hollis-Brusky. "The Reagan Administration and the Rehnquist Court's New Federalism: Understanding the Role of the Federalist Society" ExpressO (2008)
Available at: http://works.bepress.com/amanda_hollis/1/