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 87 筆
第 xvii 頁
... claims of economic and property deprivation under the Due Process Clauses of the Fifth and Fourteenth Amendments . Such an interpretation of these clauses , as Siegan readily admits , would return the Court's jurisprudence to the type ...
... claims of economic and property deprivation under the Due Process Clauses of the Fifth and Fourteenth Amendments . Such an interpretation of these clauses , as Siegan readily admits , would return the Court's jurisprudence to the type ...
第 xxi 頁
... claimed that " the science of politics . . . has received great improve- ment . The efficacy of various principles is now well understood , which were either not known at all , or imperfectly known to the ancients ” ( FP , 119 ) . Many ...
... claimed that " the science of politics . . . has received great improve- ment . The efficacy of various principles is now well understood , which were either not known at all , or imperfectly known to the ancients ” ( FP , 119 ) . Many ...
第 xxiii 頁
... claimed there must be two objects : as Safety for the people , and energy in the administration . When these two objects are united , the certain tendency of the system will be to the public welfare . If the latter object be neglected ...
... claimed there must be two objects : as Safety for the people , and energy in the administration . When these two objects are united , the certain tendency of the system will be to the public welfare . If the latter object be neglected ...
第 xxvii 頁
... claims that " it was Madison's - not Hamilton's- [ view ] that prevailed " on the subject.63 Even though this transformation by Scalia detracts somewhat from the thesis of this book , the evidence still shows Scalia's Distinctive Brand ...
... claims that " it was Madison's - not Hamilton's- [ view ] that prevailed " on the subject.63 Even though this transformation by Scalia detracts somewhat from the thesis of this book , the evidence still shows Scalia's Distinctive Brand ...
第 9 頁
... claimed were his personal belongings when he left office . President Ford asked his at- torney general , William B ... claim of private ownership of the pa- pers and tapes and contained a provision allowing for the safe deposit of the ...
... claimed were his personal belongings when he left office . President Ford asked his at- torney general , William B ... claim of private ownership of the pa- pers and tapes and contained a provision allowing for the safe deposit of 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