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 26 筆
第 xvi 頁
... eral judiciary today is the Legal Process School . Widely popular in the 1950s , the Legal Process School generally agreed with the pragmatic critique of clas- sical jurisprudence but did not believe the pragmatists paid sufficient ...
... eral judiciary today is the Legal Process School . Widely popular in the 1950s , the Legal Process School generally agreed with the pragmatic critique of clas- sical jurisprudence but did not believe the pragmatists paid sufficient ...
第 xvii 頁
... eral judiciary , the emphasis on “ reasoned " or " principled " decisions laid the groundwork for closer judicial inspection of both the process and substance of institutional decisions in the areas of statutory , administrative , and ...
... eral judiciary , the emphasis on “ reasoned " or " principled " decisions laid the groundwork for closer judicial inspection of both the process and substance of institutional decisions in the areas of statutory , administrative , and ...
第 xix 頁
... eral regulation ) of such issues as obscenity , discrimination , religion , abortion , physician - assisted suicide , violence against women , and homosexuality.24 Be- cause conservative natural law theorists believe in immutable ...
... eral regulation ) of such issues as obscenity , discrimination , religion , abortion , physician - assisted suicide , violence against women , and homosexuality.24 Be- cause conservative natural law theorists believe in immutable ...
第 xxvii 頁
... eral welfare provision , and the broad grants of authority conferred on the president under Article II . Scalia has also supported the political process ap- proach to resolving federalism disputes and has maintained a favorable view of ...
... eral welfare provision , and the broad grants of authority conferred on the president under Article II . Scalia has also supported the political process ap- proach to resolving federalism disputes and has maintained a favorable view of ...
第 8 頁
... eral Communications Bar Association , Scalia argued that while the fairness doctrine might have good intentions , it came at too high a cost in terms of First Amendment values . While acknowledging the possibility of maintaining the ...
... eral Communications Bar Association , Scalia argued that while the fairness doctrine might have good intentions , it came at too high a cost in terms of First Amendment values . While acknowledging the possibility of maintaining 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 |
其他版本 - 查看全部
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