The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme CourtRowman & Littlefield Publishers, 2006年5月4日 - 408 頁 The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Court_the late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas. |
搜尋書籍內容
第 1 到 5 筆結果,共 86 筆
第 9 頁
... Congress ( along with Justice Stephen Breyer ) arguing in favor of congressional reauthorization of the con- ference , which Congress ultimately did grant with passage of the Federal Regulatory Improvement Act of 2004.36 In August 1974 ...
... Congress ( along with Justice Stephen Breyer ) arguing in favor of congressional reauthorization of the con- ference , which Congress ultimately did grant with passage of the Federal Regulatory Improvement Act of 2004.36 In August 1974 ...
第 10 頁
... Congress and the Court . It was as assistant attorney general for the Office of Legal Counsel that Scalia began to show an appreciation for the presidency as an institution— a respect that would later mark his judicial writings . During ...
... Congress and the Court . It was as assistant attorney general for the Office of Legal Counsel that Scalia began to show an appreciation for the presidency as an institution— a respect that would later mark his judicial writings . During ...
第 11 頁
... Congress would be intruding upon the criminal law practices of the fifty states . As a matter of policy , Scalia noted that twenty - six states already had some sort of newsmen's privilege , and therefore Congress would be acting ...
... Congress would be intruding upon the criminal law practices of the fifty states . As a matter of policy , Scalia noted that twenty - six states already had some sort of newsmen's privilege , and therefore Congress would be acting ...
第 12 頁
... Congress is merely backstopping the President , who has the primary re- sponsibility for , in the words of the Constitution , " taking care that the laws be faithfully executed . " 43 During his time in the Justice Department , Scalia ...
... Congress is merely backstopping the President , who has the primary re- sponsibility for , in the words of the Constitution , " taking care that the laws be faithfully executed . " 43 During his time in the Justice Department , Scalia ...
第 13 頁
... Congress could disapprove of executive action by a one - house or two - house vote . Be- ginning in the early 1930s , Congress used this device as a way of holding the executive branch accountable . As the Justice Department's ...
... Congress could disapprove of executive action by a one - house or two - house vote . Be- ginning in the early 1930s , Congress used this device as a way of holding the executive branch accountable . As the Justice Department's ...
內容
1 | |
35 | |
59 | |
Executive Power | 89 |
The Politics of Administration | 137 |
The Conservative Role of Judges in a Democratic System of Government | 169 |
The Science of Interpreting Texts | 187 |
Early Hamiltonian Leanings in the Area of Federalism | 227 |
The Transformation from a Hamiltonian to a Madisonian in Federalism Disputes | 259 |
Scalias Personality and Statesmanship | 309 |
Selected Bibliography | 329 |
Index | 343 |
About the Author | 369 |
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常見字詞
According to Scalia action Administrative Law agency Alexander Hamilton Antonin Scalia appointment Article authority believed bill Brady Bill branches of government Chief Justice claims Clause Congress congressional conservative Constitution Court of Appeals D.C. Cir D.C. Court decision defended delegation dissenting district court doctrine enemy combatants eral executive branch executive power executive privilege exercise federal courts federal government Federalist foreign framers Hamiltonian Humphrey's Executor Ibid immunity interpretation issue Judge Scalia judicial judiciary jurisprudence Justice Scalia Law Review legislative veto Madison majority ment national government nondelegation doctrine O'Connor plain statement rule political process preemption president president's principles Printz provision reason regulate Rehnquist republican Sandra Day O'Connor Scalia argued Scalia maintained Scalia wrote Scalia's view separation of powers statute statutory Stephen Breyer Supreme Court t]he Tenth Amendment Term Limits Thomas tion treaties U.S. Const U.S. Senate United violated vote York