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 56 筆
第 xviii 頁
... defended closer judicial scrutiny of regulations impeding commercial speech and have either strongly sug- gested or argued that the Second Amendment confers a personal right " to keep and bear Arms . " 15 Thomas has distinguished ...
... defended closer judicial scrutiny of regulations impeding commercial speech and have either strongly sug- gested or argued that the Second Amendment confers a personal right " to keep and bear Arms . " 15 Thomas has distinguished ...
第 xxv 頁
... defended a formalistic interpretation of separa- tion of powers as a way of protecting executive and judicial power , and Scalia has been the Court's consistent ( and arguably only ) formalist when it comes to interpreting that doctrine ...
... defended a formalistic interpretation of separa- tion of powers as a way of protecting executive and judicial power , and Scalia has been the Court's consistent ( and arguably only ) formalist when it comes to interpreting that doctrine ...
第 xxvi 頁
... defended a theory of public administration strik- ingly similar to Hamilton's , that is , a theory of administration based on the concepts of unity , discretion , and policy making . Chapters 6 and 7 examine Hamilton's and Scalia's ...
... defended a theory of public administration strik- ingly similar to Hamilton's , that is , a theory of administration based on the concepts of unity , discretion , and policy making . Chapters 6 and 7 examine Hamilton's and Scalia's ...
第 10 頁
... defended an expansive view of executive privilege , and on two separate occasions broadly defended the president's authority to enter into executive agreements without congres- sional authorization . In February 1975 , Scalia testified ...
... defended an expansive view of executive privilege , and on two separate occasions broadly defended the president's authority to enter into executive agreements without congres- sional authorization . In February 1975 , Scalia testified ...
第 18 頁
... defended his FOIA article and expressed his view that the Tenth Amendment was a constitutional redundancy , the full Senate confirmed him on August 17 , 1982. Scalia wrote 135 published opinions during his time on the Court of Appeals ...
... defended his FOIA article and expressed his view that the Tenth Amendment was a constitutional redundancy , the full Senate confirmed him on August 17 , 1982. Scalia wrote 135 published opinions during his time on the Court of Appeals ...
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