The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court

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Rowman & Littlefield, 2006 - 369 strani
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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Vsebina

Nothing Is Easy The Road to the Supreme Court
1
Separation of Powers and Access to Justice
35
Interbranch Conflicts between Congress and the President
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
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O avtorju (2006)

James B. Staab is a professor of political science at the University of Central Missouri.

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