Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Purcell Jr., Edward A.

ISBN 10: 0197508766 / ISBN 13: 9780197508763

Edité par Oxford University Press, 2020

A propos de cet article

A rigorous, in-depth study of Justice Antonin Scalia's jurisprudence and his lasting significance in American constitutional history. Tracing Scalia's rise to the Supreme Court and his emergence as a defining figure of the conservative legal movement, this book critically examines his judicial philosophy across three decades on the bench, from questions of federalism and separation of powers to individual rights under the Bill of Rights and the Fourteenth Amendment.

N° de réf. du vendeur ABE-1784495244351

Détails bibliographiques

• Titre: Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon
• Éditeur: Oxford University Press
• Date de parution: 2020
• Langue: anglais
• ISBN à 10 chiffres: 0197508766
• ISBN à 13 chiffres: 9780197508763
• Reliure: Couverture rigide
• État de l'article: Bon
• État de la jaquette: Très bon
• Dimensions: 16 L x 23,62 H x 3,3 P (centimètres) 16 centimètres de largeur par 23,62 centimètres de hauteur par 3,3 centimètres de profondeur
• Poids: 590 grammes

A propos de ce titre

Synopsis

Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

À propos de l'auteur

Edward A. Purcell, Jr. is the Joseph Solomon Distinguished Professor at New York Law School.