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 xvii 頁
... statutory , administrative , and constitu- tional law . Even though germinations of the Legal Process School predate Henry Hart and Albert Sacks , it was their casebook materials , as well as the " Legal Process " course they taught at ...
... statutory , administrative , and constitu- tional law . Even though germinations of the Legal Process School predate Henry Hart and Albert Sacks , it was their casebook materials , as well as the " Legal Process " course they taught at ...
第 xxvi 頁
... statutory cases , he has rejected intentionalist and purposive ap- proaches to construing statutes , and has instead defended a " plain meaning " or textualist approach . In constitutional cases , he has refused to rely upon the ...
... statutory cases , he has rejected intentionalist and purposive ap- proaches to construing statutes , and has instead defended a " plain meaning " or textualist approach . In constitutional cases , he has refused to rely upon the ...
第 xxxvi 頁
... Statutory Review and Interpretation , " Administrative Law Journal 8 ( 1995 ) : 755 ; Michael D. Sherman , " The Use of Legislative History : A Debate Between Justice Scalia and Justice Breyer , " Administrative Law News 16 ( Summer ...
... Statutory Review and Interpretation , " Administrative Law Journal 8 ( 1995 ) : 755 ; Michael D. Sherman , " The Use of Legislative History : A Debate Between Justice Scalia and Justice Breyer , " Administrative Law News 16 ( Summer ...
第 3 頁
... law cases and of the use of legislative history in statutory cases , both of which can be said to have their origins with Legal Process theorists . While at Harvard , Scalia met and became engaged to The Road to the Supreme Court 3.
... law cases and of the use of legislative history in statutory cases , both of which can be said to have their origins with Legal Process theorists . While at Harvard , Scalia met and became engaged to The Road to the Supreme Court 3.
第 9 頁
... statutory language that stated anything to the contrary.38 The day after this opinion was issued , President Nixon entered into a contract with the general services administrator , Arthur F. Sampson , detailing the proce- dures for how ...
... statutory language that stated anything to the contrary.38 The day after this opinion was issued , President Nixon entered into a contract with the general services administrator , Arthur F. Sampson , detailing the proce- dures for how ...
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