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 91 筆
第 xvi 頁
... judicial craft . For the pragmatist , the process of judging is not sterile or mechanical , but contextual , adaptive , innovative , and creative . Since the fun- damental purpose of law is social utility , the pragmatic judge weighs ...
... judicial craft . For the pragmatist , the process of judging is not sterile or mechanical , but contextual , adaptive , innovative , and creative . Since the fun- damental purpose of law is social utility , the pragmatic judge weighs ...
第 xvii 頁
... judicial inspection of both the process and substance of institutional decisions in the areas of statutory , administrative , and constitu- tional law . Even though germinations of the Legal Process School predate Henry Hart and Albert ...
... judicial inspection of both the process and substance of institutional decisions in the areas of statutory , administrative , and constitu- tional law . Even though germinations of the Legal Process School predate Henry Hart and Albert ...
第 xviii 頁
... judicial writings , Thomas and Kozinski have 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 ...
... judicial writings , Thomas and Kozinski have 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 ...
第 xxv 頁
... judicial opinions and scholarly writings to assess how they can be seen to follow these principles . Chapter 1 is an anomaly in that it provides a biographical sketch of Scalia , examining the various academic and govern- mental ...
... judicial opinions and scholarly writings to assess how they can be seen to follow these principles . Chapter 1 is an anomaly in that it provides a biographical sketch of Scalia , examining the various academic and govern- mental ...
第 xxvi 頁
... judicial power . Hamilton regarded the judicial branch as by far the " weakest " of the three departments of government . As he put it in Federalist 78 , having " nei- ther FORCE nor WILL but merely judgment , " the judiciary presented ...
... judicial power . Hamilton regarded the judicial branch as by far the " weakest " of the three departments of government . As he put it in Federalist 78 , having " nei- ther FORCE nor WILL but merely judgment , " the judiciary presented ...
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