Author: Christopher E. SmithPublish On: 1993-01-01
Examines why Justice Antonin Scalia and the Rehnquist Court have failed to achieve the hoped-for conservative goals.
Author: Christopher E. Smith
Publisher: ABC-CLIO
ISBN: 9780275947057
Category: Law
Page: 148
View: 630
Smith (political science, U. of Akron) presents a scholarly treatment of the decision making in the US Supreme Court during the conservative era, pivoting on Antonin Scalia, who was appointed by Ronald Reagan in 1986. Considers the court before his arrival, his background and personality, his judici
Christopher E. Smith , Justice Antonin Scalia and the Supreme Court's Conservative Moment ( Westport , Conn .: Praeger , 1993 ) , 1—20 . Compare " Re- marks Announcing the Resignation of Chief Justice Warren E. Burger and the ...
Author: Richard A. Brisbin
Publisher: JHU Press
ISBN: 0801860946
Category: Law
Page: 494
View: 465
The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.
Segall, Eric J. “Justice Scalia, Critical Legal Studies and the Rule of Law.” George Washington Law Review 62 (1994): 991–1042. Smith, Christopher E. Justice Antonin Scalia and the Supreme Court's Conservative Moment.
Author: Timothy L. Hall
Publisher: Infobase Publishing
ISBN: 9781438108179
Category: Federal government
Page: 577
View: 734
Presents an alphabetical listing of Supreme Court justices with a short biography on each person.
This is demonstrated in illustrative historical examples which, most importantly, include an in-depth case study of the Clarence Thomas nomination and its subsequent ramifications.
Author: Christopher E. Smith
Publisher: Praeger Publishers
ISBN: UOM:39015026808454
Category: Judges
Page: 200
View: 996
Smith introduces a new concept, critical judicial nominations, to advance scholars' understanding of the consequences of the federal nomination process for the Supreme Court and the American political system. The study suggests that specific events related to the judicial branch, namely critical judicial nominations, have significant unanticipated consequences for the Supreme Court's role in the political system, as well as for electoral politics. This is demonstrated in illustrative historical examples which, most importantly, include an in-depth case study of the Clarence Thomas nomination and its subsequent ramifications.
Justice Antonin Scalia and the Supreme Court's Conservative Moment. Westport, CT: Praeger. Staab, James B. 2006. The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court. Lanham, MD: Rowman & Littlefield.
Author: David A Schultz
Publisher: Rowman & Littlefield
ISBN: 9781498564496
Category: Political Science
Page: 390
View: 945
This collection is a comprehensive and thorough assessment of the impact and legacy that Justice Antonin Scalia had on the Supreme Court. Chapters are written by leading legal and political science scholars of the Supreme Court and examine the lasting legacy of one of the most controversial Supreme Court Justices in American history.
Antonin Scalia's First Amendment Free Speech , Press , and Associ- ation Decisions . ... Judicial Review and Legislative Deference : The Political Process of Antonin Scalia . ... the Supreme Court's Conservative Moment .
Author: David Andrew Schultz
Publisher: Rowman & Littlefield
ISBN: 0847681327
Category: Conservatism
Page: 286
View: 187
That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.
See also Smith, Justice Antonin Scalia and the Supreme Court's Conservative Moment, p. 40. The Supreme Court subsequently affirmed the circuit opinion in Bowsher v. Synar, 478 U.S. 714 (1986). 25. 487 U.S. at 705.
Author: Ralph A. Rossum
Publisher: University Press of Kansas
ISBN: 9780700623501
Category: Law
Page: 366
View: 989
In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.
Author: Catherine L. LangfordPublish On: 2018-01-09
Christopher E. Smith, Justice Antonin Scalia and the Supreme Court's Conserva- tive Moment (Westport, CT: Praeger, 1993), ... Court's Conservative Moment; David A. Schultz and Christopher E. Smith, The Jurisprudential Vision of Justice ...
Author: Catherine L. Langford
Publisher: University of Alabama Press
ISBN: 9780817319700
Category: Language Arts & Disciplines
Page: 177
View: 545
An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism. Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means. Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.
A Hamiltonian on the Supreme Court James B. Staab. Schambra, William A., ed. As Far as Republican Principles Will Admit: Essays by Martin Diamond. ... Justice Antonin Scalia and the Supreme Court's Conservative Moment.
Author: James B. Staab
Publisher: Rowman & Littlefield Publishers
ISBN: 9781461714934
Category: Biography & Autobiography
Page: 408
View: 421
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.
Author: Christopher E. SmithPublish On: 2011-11-16
References. Biskupic, Joan. American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia. New York: Farrar, Straus & Giroux, 2009. Brisbin, Richard A., Jr. Justice Antonin Scalia and the Conservative Revival.
Author: Christopher E. Smith
Publisher: Lexington Books
ISBN: 9780739140826
Category: Law
Page: 334
View: 407
By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.