The Jurisprudential Vision of Justice Antonin ScaliaWhen Antonin Scalia was appointed to the Supreme Court in 1986, conservatives hoped he would become the intellectual leader of President Reagan's judicial counter-revolution. In this first book-length analysis of Scalia's jurisprudence, David A. Schultz and Christopher E. Smith argue that Scalia's impact has been neither what conservatives hoped nor what liberals feared. The authors examine Scalia's political and judicial philosophy and they outline the areas of the law 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 American society. This is essential reading for students, scholars, and anyone interested in the Supreme Court and constitutional law. |
Contents
Property Rights and the Emergence of a PostCarolene Products Jurisprudence | 1 |
Constitutional Interpretation and the Political Process | 31 |
Statutory Interpretation and Legislative Politics | 59 |
The Institutions of American Government | 79 |
Freedom of Religion | 105 |
Freedom of Speech | 123 |
Freedom of Press and Association | 159 |
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Common terms and phrases
abortion According to Scalia action Amendment rights American Antonin Scalia appears applied association Bill of Rights Brisbin capital punishment Carolene Products chapter civil rights Congress conservative corporate criminal justice death penalty decisions defendants deference doctrine due process economic Eighth Amendment endorsed Establishment Clause exclusionary rule executive expressive conduct federal courts Federalist framers free exercise free SPA free speech freedom governmental ibid institutions intent interests interpretive issues judges judiciary jurisprudential vision Justice Scalia justice's Law Review legislatures Lemon test liberty limited Lochner era majoritarian majority opinion MCFL meaning ment Nollan O'Connor originalist party political process Products jurisprudence property rights protect punishment regulation Rehnquist Court religion religious role rule S.Ct Scalia argued Scalia joined Scalia wrote Scalia's approach Scalia's jurisprudence Scalia's opinions Scalia's views scrutiny separation of powers sexually oriented businesses Sixth Amendment Smith Souter specific statute statutory Supreme Court tion tive values violation voting York
References to this book
Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken ... Antonin Scalia No preview available - 2004 |