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National Security and the Rehnquist Court
John Yoo
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Abstract
The Limited Impact of the Court's Sovereign Immunity Rulings, 106 COLUM.L. REV.213, 220-24 (2006) (discussing the Rehnquist Court's revival of state sovereign immunity as one aspect of the Court's resurrection of federalism); Peter J. Smith, Federalism, Instrumentalism, and the Legacy of the Rehnquist Court, 74 GEO.WASH.L. REV.906, 907 (2006) (explaining that federalism is widely viewed as Chief Justice Rehnquist's signature issue); cf Rachel E. Barkow, Originalists, Politics, and Criminal Law in the Rehnquist Court, 74 GEO.WASH.L. REv.1043, 1044 (2006) (noting that the convential wisdom is to view as the Rehnquist Court's dominant mission to cut back on criminal procedure protections, but maintaining that the Rehnquist Court was in fact one of the most vigorous protectors of the jury guarantee).2 See
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