II 109th CONGRESS 1st Session S. 2136 IN THE SENATE OF THE UNITED STATES December 16, 2005 Mr. McCain (for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide funds to help establish the William H. Rehnquist Center on Constitutional Structures and Judicial Independence at the University of Arizona James E. Rogers College of Law.

1.

Short title

This Act may be cited as the William H. Rehnquist Center Act of 2005.

2.

Findings

Congress finds the following: (1)The late William H. Rehnquist, the 16th Chief Justice of the United States, distinguished himself with one of the longest and most influential tenures on the United States Supreme Court. (2)The judicial branch of government, in Chief Justice Rehnquist’s own words, is a vital and uniquely American institutional participant in the everlasting search of civilized society for the proper balance between liberty and authority, between the state and the individual.. (3)Among the principles that the Chief Justice held dearest were those of constitutional federalism, judicial independence, and the separation of powers. These principles are central to the Supreme Court’s role in the governance of our Nation. (4)Because of the crucial nature of federalism, judicial independence, and the separation of powers, the public would be well-served by a more robust body of scholarship and broader education about these aspects of American constitutional law. (5)Honoring the legacy of Chief Justice Rehnquist and creating a forum for greater scholarship and public education about the principles of federalism, judicial independence, and the separation of powers would best be achieved by establishing the William H. Rehnquist Center on Constitutional Structures and Judicial Independence at the University of Arizona James E. Rogers College of Law, which would advance non-partisan scholarship about the judicial branch of government and create an academic center for discussions about the judicial branch of government.

3.

Grants authorized

In recognition of the contributions of the late William H. Rehnquist, Chief Justice of the United States Supreme Court, to the democratic process of governance, the Attorney General is authorized to make grants in accordance with the provisions of this Act to assist in the establishment of the William H. Rehnquist Center on Constitutional Structures and Judicial Independence at the University of Arizona James E. Rogers College of Law.

4.

Application

No payment may be made under this Act except upon an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may require.

5.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out the provisions of this Act $2,000,000 for each of fiscal years 2007 through 2011. (b)

Unobligated amounts

Any amounts appropriated under subsection (a) that are unexpended and unobligated after December 31, 2011, shall be covered into the general fund of the Treasury.