| Associate Justice Anthony M. Kennedy's vote has been increasingly recognized as pivotal in determining the jurisprudential direction of the United States Supreme Court. Despite recognition of Kennedy's important role, there has been relatively little academic scrutiny of his overarching constitutionalism to date. This thesis examines Justice Kennedy's constitutional jurisprudence within the context of the Rehnquist Court. A discussion of Supreme Court transition, the events leading to his appointment, and an overview of his voting behavior provide background for the examination of Justice Kennedy's constitutional philosophy. Covering the 1987 to 1999 Terms, the primary focus of the research is the comprehensive evaluation of Kennedy's 299 written opinions and the nearly 700 constitutional decisions in which he participated. Kennedy's substantive jurisprudence is presented in a series of topically organized chapters which detail his opinions as part of a broader discussion of Rehnquist Court rulings and legal developments. The analysis of Kennedy's opinions reveals cautious, measured decision making which is guided by subtle, yet consistent themes: commitment to the standards of governmental neutrality, concern for preserving constitutional divisions of power, and adherence to the principles of judicial restraint. A review of Kennedy's agreement rates in specific subsets of cases and his voting in overturning precedent as well as state and federal law supports the assessment of Justice Kennedy as a moderate conservative whose vote has contributed to both change and stability in the evolving jurisprudence of the Court. |
