Justice Anthony M. Kennedy and substantive due process : why the most powerful judge in American history isn't as crazy as everyone thinks he is.

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dc.contributor.advisorNichols, David K.
dc.contributor.authorCapper, David Winston.
dc.contributor.departmentPolitical Science.en_US
dc.contributor.schoolsBaylor University. Dept. of Political Science.en_US
dc.date.accessioned2013-09-16T12:55:45Z
dc.date.accessioned2017-04-07T19:34:46Z
dc.date.available2013-09-16T12:55:45Z
dc.date.available2017-04-07T19:34:46Z
dc.date.copyright2013-05
dc.date.issued2013-09-16
dc.description.abstractThis dissertation seeks to challenge the widely accepted characterization of Associate Justice Anthony Kennedy as a political moderate or ‘swing’ Justice. Looking at one of the most contentious areas of constitutional law–substantive due process–the dissertation considers the major substantive due process cases that the Court has heard during Kennedy’s tenure, and, by explaining how the apparent contradictions in his jurisprudence reveal that, rather than inconsistency, Kennedy has a consistent methodology for approaching substantive due process cases that is both respectful of precedent, as well as one which seeks to limit the Court’s power in this area of constitutional law. The dissertation will demonstrate that while Justice Kennedy is neither a true moderate like the late Justice Lewis Powell, nor a political ideologue, but a judicial and political conservative who seeks to rest the Court’s decision-making on a stable and methodical approach, rather than an inherently unstable political ideology.en_US
dc.description.degreePh.D.en_US
dc.identifier.urihttp://hdl.handle.net/2104/8731
dc.language.isoen_USen_US
dc.publisheren
dc.rightsBaylor University theses are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission. Contact librarywebmaster@baylor.edu for inquiries about permission.en_US
dc.rights.accessrightsNo access - Contact librarywebmaster@baylor.eduen_US
dc.subjectConstitutional law.en_US
dc.subjectJurisprudence.en_US
dc.subjectDue process.en_US
dc.subjectSubstantive due process.en_US
dc.subjectSupreme court.en_US
dc.subjectKennedy, Anthony M., 1936-en_US
dc.titleJustice Anthony M. Kennedy and substantive due process : why the most powerful judge in American history isn't as crazy as everyone thinks he is.en_US
dc.typeThesisen_US

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