by Matt Barr

The Supreme Court Mt. Rushmore

In my Sunday morning obit of the Chief below, I conclude that "A President who did [and loved his job as well as Rehnquist did] would get on Mount Rushmore." Who would be on the Supreme Court Mount Rushmore?

Ignore political and philosophical proclivities. I think Mr. Jefferson was a nearly catastrophic President, but don't argue for a second with his big head being in South Dakota.

I'd say Chief Justice Marshall, Justice Hugo Black, Chief Justice Warren and Chief Justice Rehnquist.

Marshall made the Supreme Court supreme.

Black was a crucial longtime influence on the Court's post-Fourteenth Amendment jurisprudence, arguing (incorrectly, in my view, but who am I) for the application of the Bill of Rights to the states. He was dogged in his defense of the provisions of the Bill of Rights but not hesitant to uphold even undesirable government actions not specifically prohibited. He gave us a ban on school prayer and the right to an attorney.

Warren is the Jefferson on my monument. His influence on modern constitutional theory and jurisprudence, whether you think it good or bad, is undeniable.

Rehnquist's important if incomplete efforts to restore the Commerce Clause to a grant of limited powers, to reignite federalism and rein in the activism of the Warren Court get him on there, in my view.

Justice Oliver Wendell Holmes, long regarded as a giant, has had his reputation deservedly wane, and if we're building this thing now, he's out. Frankfurter, Brandeis and Cardozo would be under consideration as well, it seems to me.

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