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 72 筆
第 xxvi 頁
... statutes , and has instead defended a " plain meaning " or textualist approach . In constitutional cases , he has refused to rely upon the Declaration of Independence and international law as sources of constitu- tional interpretation ...
... statutes , and has instead defended a " plain meaning " or textualist approach . In constitutional cases , he has refused to rely upon the Declaration of Independence and international law as sources of constitu- tional interpretation ...
第 xxx 頁
... statutes and has been more deferential to adminis- trative constructions of law.75 In short , while Scalia's views of the administrative process appear to be influenced by a Hamiltonian conception of public administration , Breyer's ...
... statutes and has been more deferential to adminis- trative constructions of law.75 In short , while Scalia's views of the administrative process appear to be influenced by a Hamiltonian conception of public administration , Breyer's ...
第 xxxii 頁
... statutes for minors ) . 11. Stephen Macedo , The New Right v . the Constitution ( Washington , DC : Cato In- stitute , 1987 ) ; Randy E. Barnett , Restoring the Lost Constitution : The Presumption of Liberty ( Princeton , NJ : Princeton ...
... statutes for minors ) . 11. Stephen Macedo , The New Right v . the Constitution ( Washington , DC : Cato In- stitute , 1987 ) ; Randy E. Barnett , Restoring the Lost Constitution : The Presumption of Liberty ( Princeton , NJ : Princeton ...
第 xxxvi 頁
... Statutes , " Southern California Law Review 65 ( 1992 ) : 845 ; Richard J. Pierce Jr. , " Justice Breyer : Intentionalist , Pragmatist , and Empiricist , " Administrative Law Journal 8 ( 1995 ) : 747 ; Ernest Gellhorn , " Justice Breyer ...
... Statutes , " Southern California Law Review 65 ( 1992 ) : 845 ; Richard J. Pierce Jr. , " Justice Breyer : Intentionalist , Pragmatist , and Empiricist , " Administrative Law Journal 8 ( 1995 ) : 747 ; Ernest Gellhorn , " Justice Breyer ...
第 47 頁
... statute . " 64 The NWF submitted two affidavits by its members to show that BLM's actions " adversely affected " its interests by negatively impacting its members ' “ recreational use and aesthetic enjoyment " of federal lands . For ...
... statute . " 64 The NWF submitted two affidavits by its members to show that BLM's actions " adversely affected " its interests by negatively impacting its members ' “ recreational use and aesthetic enjoyment " of federal lands . For ...
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