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 91 筆
第 xviii 頁
... Constitution.18 A fifth group of legal conservatives supports a natural law interpretation of the Constitution . Conservative natural law theorists believe in immutable and eternal moral truths , derived from a divine source or the ...
... Constitution.18 A fifth group of legal conservatives supports a natural law interpretation of the Constitution . Conservative natural law theorists believe in immutable and eternal moral truths , derived from a divine source or the ...
第 xix 頁
... Constitution . Finally , the sixth school of conservative thought represented in the legal community today is originalism . As a method of constitutional interpretation , originalism has roots that run deeper than the 1980s , but as a ...
... Constitution . Finally , the sixth school of conservative thought represented in the legal community today is originalism . As a method of constitutional interpretation , originalism has roots that run deeper than the 1980s , but as a ...
第 xxvi 頁
... constitutional cases , he has refused to rely upon the Declaration of Independence and international law as sources of constitu- tional interpretation , and has instead defended the " original meaning " of the Constitution's provisions ...
... constitutional cases , he has refused to rely upon the Declaration of Independence and international law as sources of constitu- tional interpretation , and has instead defended the " original meaning " of the Constitution's provisions ...
第 xxxi 頁
... Constitution of John Marshall Harlan , " New York Law School Law Review 36 ( 1991 ) : 5-32 ; Lewis F. Pow- ell , " Stare Decisis and Judicial Restraint , " Washington and Lee Law Review 47 ( 1990 ) : 281-90 ; Sandra Day O'Connor , " The ...
... Constitution of John Marshall Harlan , " New York Law School Law Review 36 ( 1991 ) : 5-32 ; Lewis F. Pow- ell , " Stare Decisis and Judicial Restraint , " Washington and Lee Law Review 47 ( 1990 ) : 281-90 ; Sandra Day O'Connor , " The ...
第 xxxii 頁
... Constitution ( Washington , DC : Cato In- stitute , 1987 ) ; Randy E. Barnett , Restoring the Lost Constitution : The Presumption of Liberty ( Princeton , NJ : Princeton University Press , 2004 ) . 12. Bernard H. Siegan , Economic ...
... Constitution ( Washington , DC : Cato In- stitute , 1987 ) ; Randy E. Barnett , Restoring the Lost Constitution : The Presumption of Liberty ( Princeton , NJ : Princeton University Press , 2004 ) . 12. Bernard H. Siegan , Economic ...
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