Rehnquist's Legacy: Federalism

Sooner or later (perhaps sooner . . .), Chief Justice Rehnquist will retire. How will "The Rehnquist Era" be viewed in the future? This interesting article argues that Rehnquist will be remembered for the blossoming of federalism and for "breathing new life into the 10th Amendment." It discusses what may be the genesis the movement spearheaded by Rehnquist -- his dissent in an obscure 1975 decision, Fry v. United States. Duke University law Professor H. Jefferson Powell says: "What was viewed in Fry as basically a lunatic position has now become orthodoxy. Chief Justice Rehnquist has shifted the center of the discussion so far it would take a long time to shift it back. He took the long view, and he has won." For better or worse . . . .