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Rehnquist Traces History of Chief Justices

About 1,500 people listened intently as Rehnquist used slides to present each of the former justices in an accessible light. His attention to minor detail, such as the justices' appearances, drew frequent laughter from the crowd.

The lecture was the inaugural address in Duke's Great Lives in Law series, a joint venture between the Duke University School of Law and the Duke Program in Public Law.

Rehnquist's presentation focused on the importance of each justice, though he emphasized that some will be remembered more than others.

"(The position) is mentioned only once in the (U.S.) Constitution, in describing impeachment proceedings," he said. "In 213 years of the court's existence, there have been 43 presidents but only 16 chief justices."

Rehnquist cited John Marshall, the fourth chief justice, as a man who will be remembered for his historic decision regarding judicial review.

He said that although Marshall had little formal education, his personality and talent helped him succeed in office.

"I think Marshall's success arose from several sources," Rehnquist said. "He was able to write clearly. I think Marshall had an outgoing personality."

Rehnquist was appointed to the court by former President Nixon in 1971 and was confirmed as chief justice in 1986.

He is also a noted historian who wrote several books, including one about the tension between civil liberties and national defense during times of war.

Rehnquist also highlighted Salmon Chase, who served as chief justice from 1864-73.

Chase is notable for his attempts to run for president while serving on the court.

"Chase had tried to wrest the Republican nomination from (Abraham Lincoln), but (Lincoln) appointed him anyway because he thought (Chase) would uphold the greenback laws passed during the Civil War," Rehnquist said.

Chase also submitted his name to multiple political parties while serving as chief justice in an attempt to win the presidential nomination, Rehnquist said. "(His) ambition for the presidency never left him."

Rehnquist emphasized that the office of chief justice is unique because the person who holds it only has himself to depend on. "The president brings to office his entire Cabinet, but the chief justice brings to office nothing but himself," he said.

Rehnquist also said the lack of formal wording in the Constitution about how Supreme Court members are supposed to act creates a unique dynamic that forces the chief justice to chart his own path.

"(There is) so little in the Constitution -- statutes, usage -- (which) leaves great room for interplay among members," he said.

"His stature will depend on how he uses (these tools.)"

The State & National Editor can be reached at stntdesk@unc.edu.

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