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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 s, struck down an act of Congress as exceeding its power under the Commerce Clause. He clerked for Associate Justice Robert H.

Jackson during the Supreme Court's — term and served as a legal adviser for Republican presidential nominee Barry Goldwater in the election. Rehnquist quickly established himself as the most conservative member of the Burger Court.

Rehnquist served as Chief Justice for nearly 19 years, making him the fourth-longest-serving Chief Justice, and the eighth-longest-serving Justice. He 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.

Rehnquist wrote the majority opinions in United States v. Lopez and United States v. Morrison , holding in both cases that Congress had exceeded its power under the Commerce Clause. He opposed the court's Roe v. Wade decision and continued to argue that Roe had been incorrectly decided in Planned Parenthood v. Gore , he voted with the court's majority to end the Florida recount.

Rehnquist was born on October 1, 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 company—was a local civic activist, as well as translator and homemaker.

Rehnquist graduated from Shorewood High School in He served from March — , mostly in assignments in the United States. He was put into a pre- meteorology program and assigned to Denison University until February , when the program was shut down. The program was designed to teach the maintenance and repair of weather instruments. In the summer of , Rehnquist went overseas as a weather observer in North Africa. After the war, Rehnquist attended Stanford University with assistance under the provisions of the G.

In , he attended Harvard University , where he received another Master of Arts, this time in government. They briefly dated at Stanford. Rehnquist went to Washington, D.

Jackson of the United States Supreme Court during the court's — term. Board of Education , which was later decided in Rehnquist's 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 v.

Ferguson was right and should be reaffirmed. 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 are.

In both his Senate confirmation hearing for associate justice and his 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. 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. However, the papers of Justices Douglas and Frankfurter indicate that Justice Jackson voted for Brown in only after changing his mind.

At his hearings for chief justice, Rehnquist tried to put further distance between himself and the memo: Several commentators have concluded that the memo reflected Rehnquist's own views rather than those of Justice Jackson.

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. Board and in favor of Plessy , even though he now saw the Court's decision in Brown as correct.

In a memorandum to Justice Jackson about Terry v. 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. 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. Rehnquist moved to Phoenix, Arizona , where he was in private law practice from to He began his legal work in the firm of Denison Kitchel , subsequently the national campaign manager of the Barry M.

Goldwater presidential campaign in Many years later, during the hearing for associate justice and later during the 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 elections, when Rehnquist served as a poll watcher in the early s.

President Nixon mistakenly referred to him as "Renchburg" in several of the tapes of Oval Office conversations revealed during the Watergate investigations. 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. 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. 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 discussed the possible pick with presidential advisor H. He's way to the right of Buchanan," [33] referring to then-presidential advisor Patrick Buchanan. 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 68—26 vote on December 10, , Rehnquist took his seat as an associate justice on January 7, Black died September 25, , 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.

For years, Rehnquist was determined to keep cases involving individual rights in state courts away from federal reach. In s National League of Cities v.

Usery , Rehnquist's majority opinion invalidated a federal law extending minimum wage and maximum hours provisions to state and local government employees. As chief justice, Rehnquist presided over what law professor Erwin Chemerinsky has called a "federalist revolution", [38] during which the Court limited federal power in cases such as New York v.

United States , United States v. Lopez , Printz v. United States , and United States v. Similarly, Cato Institute scholar Roger Pilon has said that "[t]he Rehnquist court has revived the doctrine of federalism. Rehnquist rejected a broad view of the Fourteenth Amendment. In , while serving as a clerk to Supreme Court Justice Robert Jackson, Rehnquist wrote a memorandum which concludes that " Plessy v.

Ferguson was right and should be re-affirmed. If the Fourteenth Amendment did not enact Spencer's Social Statics , it just as surely did not enact Myrddahl's American Dilemma" An American Dilemma , by which he meant that the Court should not "read its own sociological views into the Constitution. Bitzer , but it was rejected by the other justices. Also, during the Burger Court's deliberations over Roe v.

Wade , Rehnquist promoted his view that court's jurisdiction does not apply over abortion. He voted against the expansion of school desegregation plans and the establishment of legalized abortions, dissenting in Roe v.

Wade , U. Rehnquist expressed his views about the Equal Protection Clause in cases like Trimble v. Unfortunately, more than a century of decisions under this Clause of the Fourteenth Amendment have produced Except in the area of the law in which the Framers obviously meant it to apply—classifications based on race or on national origin, the first cousin of race—the Court's decisions can fairly be described as an endless tinkering with legislative judgments, a series of conclusions unsupported by any central guiding principle.

Rehnquist consistently defended state-sanctioned prayer in public schools. Rehnquist held a restrictive view of criminals' and prisoners' rights, and held the view that capital punishment is constitutionally permissible. Administrator of General Services , Rehnquist dissented from a decision upholding the constitutionality of an act that gave a federal agency administrator certain authority over former President Nixon's presidential papers and tape recordings.

During oral argument in Duren v. Missouri , the court faced a challenge to laws and practices that made jury duty voluntary for women in that state. Anthony on the new dollar, then? Rehnquist wrote the majority opinion in Diamond v. Diehr , U. Flook , U. Universal City Studios, Inc. Years later, in Eldred v. Ashcroft , U. David Shapiro, professor of law at Harvard University , wrote that while Rehnquist was an associate justice, he disliked even minimal inquiries into legislative objectives except in the areas of race, national origin, and infringement of specific constitutional guarantees.

Gordon that the state's distinction should be sustained because it was not "mindless and patently irrational". Shapiro pointed out that Rehnquist seemed content to find a sufficient relationship between a challenged classification and perceived governmental interests "no matter how tenuous or speculative that relationship might be".

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