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 92 筆
第 xviii 頁
... action programs . For Jaffa and Thomas , affirmative action violates the moral dignity of individuals as prom- ised by the Declaration of Independence.20 By contrast , in Beyond the Consti- tution , political scientist Hadley Arkes ...
... action programs . For Jaffa and Thomas , affirmative action violates the moral dignity of individuals as prom- ised by the Declaration of Independence.20 By contrast , in Beyond the Consti- tution , political scientist Hadley Arkes ...
第 xxi 頁
... action , abortion rights , the right to die , and homosexual rights . At the same time , he has strongly fa- vored a more pervasive role for religion in society , capital punishment , regu- lations of libel and obscenity , deregulation ...
... action , abortion rights , the right to die , and homosexual rights . At the same time , he has strongly fa- vored a more pervasive role for religion in society , capital punishment , regu- lations of libel and obscenity , deregulation ...
第 xxii 頁
... actions of men and where there is a tendency for mob rule ( FP No. 15 ) . " The ancient democracies , in which the people themselves de- liberated , " Hamilton wrote , " never possessed one feature of good govern- ment . " 41 While ...
... actions of men and where there is a tendency for mob rule ( FP No. 15 ) . " The ancient democracies , in which the people themselves de- liberated , " Hamilton wrote , " never possessed one feature of good govern- ment . " 41 While ...
第 xxiv 頁
... action as a matter of politics , not science , and which is distinguishable by its emphasis on unity , discretion , and policy making ; ( 4 ) a strong and independent national judiciary , which has the fortitude to place checks on the ...
... action as a matter of politics , not science , and which is distinguishable by its emphasis on unity , discretion , and policy making ; ( 4 ) a strong and independent national judiciary , which has the fortitude to place checks on the ...
第 xxviii 頁
... action , the best thing to do is to exercise caution . Alexander Hamilton and Justice Scalia are anything but cautious , however . As a young Revolutionary War officer , Hamilton indicated his penchant for a bold and decisive style of ...
... action , the best thing to do is to exercise caution . Alexander Hamilton and Justice Scalia are anything but cautious , however . As a young Revolutionary War officer , Hamilton indicated his penchant for a bold and decisive style of ...
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