Originalism in American Law and Politics: A Constitutional History

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JHU Press, 12. jul. 2005 - 281 strani

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history.

Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

 

Vsebina

Modern Judicial Power and the ProcessRestraint Tradition
43
The Return of Originalist Analysis in the Warren Court
67
43
78
67
85
4
94
Raoul Berger and the Restoration of Originalism
111
6
133
78
158
The Transformation of Academic
190
Notes
217
Index
233
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O avtorju (2005)

Johnathan O'Neill (STATESBORO, GA) is a professor of history at Georgia Southern University. He is the author of Originalism in American Law and Politics: A Constitutional History.

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