cover image Brennan Vs. Rehnquist: The Battle for the Constitution

Brennan Vs. Rehnquist: The Battle for the Constitution

Peter H. Irons. Alfred A. Knopf, $27.5 (380pp) ISBN 978-0-679-42436-9

Irons (The Courage of Their Convictions) examines 100 Supreme Court cases from 1972 to 1990, exploring the rival constitutional visions of the two staunchest opponents, liberal justice William Brennan and conservative William Rehnquist, who became chief justice in 1986. Not the story of a personal clash-Irons has relied on the public record instead of interviews-this accessible but meaty offering in constitutional law provides more detail than many general readers may want. Irons first sketches the justices' philosophies. Brennan's is ``dignity,'' rooted in the Roman Catholic ``social gospel,'' which leads to a skepticism concerning the state and majoritarianism and a willingness to look at the ``social facts'' of a case. Rehnquist's is ``deference,'' rooted in his white-bread Republican upbringing, which leads to trust in authority and the majority. An admitted Brennan partisan, the author explains the opposing views fair-mindedly. His conclusion: though Brennan retired in 1990, much of his legacy remains, and recent appointments have forged a moderate court beyond the reach of Rehnquist's dominance. (Oct.)