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. |
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第 1 到 5 筆結果,共 84 筆
第 xvii 頁
A Hamiltonian on the Supreme Court James B. Staab. judges based their decisions on reasons or principles that transcend the partic- ular case . For example , former Columbia law professor Herbert Wechsler crit- icized the Supreme Court's ...
A Hamiltonian on the Supreme Court James B. Staab. judges based their decisions on reasons or principles that transcend the partic- ular case . For example , former Columbia law professor Herbert Wechsler crit- icized the Supreme Court's ...
第 xviii 頁
... Court protect property rights under the Fifth Amendment's Tak- ings Clause . Epstein has advocated a higher level of ... Court's 1997 City of Boerne v . Flores decision , 22 which overturned the Religious Freedom Restoration Act of ...
... Court protect property rights under the Fifth Amendment's Tak- ings Clause . Epstein has advocated a higher level of ... Court's 1997 City of Boerne v . Flores decision , 22 which overturned the Religious Freedom Restoration Act of ...
第 xxix 頁
... Court : Justice O'Connor , who repre- sented the Burkean school of conservative thought , and Justice Scalia , who represents the Hamiltonian school . Moreover , jurisprudential differences that at one time seemed latent between the Court's ...
... Court : Justice O'Connor , who repre- sented the Burkean school of conservative thought , and Justice Scalia , who represents the Hamiltonian school . Moreover , jurisprudential differences that at one time seemed latent between the Court's ...
第 14 頁
... Court's decisions in the areas of abortion rights and school busing . In 1989 , Scalia presented the Francis Boyer Lecture to the organization on the subject " The Courts and the Press . " 56 UNIVERSITY OF CHICAGO In fall 1977 , Scalia ...
... Court's decisions in the areas of abortion rights and school busing . In 1989 , Scalia presented the Francis Boyer Lecture to the organization on the subject " The Courts and the Press . " 56 UNIVERSITY OF CHICAGO In fall 1977 , Scalia ...
第 18 頁
... Court , Scalia described the Court's decisions in church - state matters as inconsistent and ir- rational . He also regarded the Court's " neutrality " doctrine as " incompatible with the existence of the free exercise clause in the ...
... Court , Scalia described the Court's decisions in church - state matters as inconsistent and ir- rational . He also regarded the Court's " neutrality " doctrine as " incompatible with the existence of the free exercise clause in the ...
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