As for the name Rehnquist, I am quite uncertain as to its origin. Under the Swedish patronymic system of naming, my grandfather and his brothers would have been named Anderson, since Anders was the name of their father. "Quist" in Swedish means branch, I am told. For example, "Lindquist" means lime branch or linden branch, and Palmquist means palm branch. The best I can come up with is that the "rehn" in my name refers to a small village near the farm on which my grandfather grew up.

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Every judge who has sat on a case involving a constitutional claim must have surely experienced the feeling that the particular law being challenged was either unjust or silly or vindictive. It is unfortunately all too easy to translate these visceral reactions into a determination to find some way to hold the law unconstitutional.

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It is about time the Court faced the fact that the white people in the South don't 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. To the extent that this decision advances the frontier of state action and 'social gain,' it pushes back the frontier of freedom of association and majority rule.

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Chief Justice Hughes once said that he tried to write his opinions clearly and logically, but if he needed the fifth vote of a colleague who insisted on putting in a paragraph that did not “belong,” in it went, and he let the law reviews figure out what it meant.

All of these factors are subsumed to a greater or lesser extent by observing that the Supreme Court is an institution far more dominated by centrifugal forces, pushing toward individuality and independence, than it is by centripetal forces pulling for hierarchical ordering and institutional unity. The well-known checks and balances provided by the framers of the Constitution have supplied the necessary centrifugal force to make the Court independent of Congress and the president.

When you are young and impecunious, society conditions you to exchange time for money, and this is quite as it should be. Very few people are hurt by having to work for a living. But as you become more affluent, it somehow is very, very difficult to reverse that process and begin trading money for time.

President Franklin Roosevelt failed in his effort to pack the Court in 1937, but in the midst of that battle the Court significantly altered its constitutional doctrine in a way that served to placate its opponents.

The New Deal Court was now in place. It had already sounded the death knell for such doctrines of the old Court as “freedom of contract,” and a limiting view of congressional authority under the Commerce Clause.

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A judge's disposition should be about evenly balanced between sail and anchor. He cannot be anchored to the past mechanically, but he ought not be moved by every puff of novel doctrine.