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Title Antonin Scalia and American Constitutionalism
Author Edward A. Purcell, Jr.
Publisher Oxford University Press
Release Date 2020-04-15
Category Law
Total Pages 288
ISBN 9780197508787
Language English, Spanish, and French
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Book Summary:

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.

Title Same Sex Marriage and American Constitutionalism
Author Murray Dry
Publisher Paul Dry Books
Release Date 2017-12-12
Category Law
Total Pages 192
ISBN 9781589881020
Language English, Spanish, and French
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Book Summary:

The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.

Title Morality Political Economy and American Constitutionalism
Author Timothy P. Roth
Publisher Edward Elgar Publishing
Release Date 2007-01-01
Category Political Science
Total Pages 194
ISBN 9781847205520
Language English, Spanish, and French
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Book Summary:

The book goes on to explore and expound the Founders¿ desire to promote respect for the moral law, their appreciation of the reciprocal relationship between morality and law, andtheir commitment to the promotion of justice in the sense of impartial institutions; ideas which find expression in contractarian, constitutional political economy.

Title Originalism in American Law and Politics
Author Johnathan O'Neill
Publisher JHU Press
Release Date 2005-07-12
Category History
Total Pages 281
ISBN 0801881110
Language English, Spanish, and French
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Book Summary:

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.

American Original by Joan Biskupic

Title American Original
Author Joan Biskupic
Publisher Sarah Crichton Books
Release Date 2009-11-10
Category Biography & Autobiography
Total Pages 448
ISBN 1429990015
Language English, Spanish, and French
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Book Summary:

The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Title Originalism Federalism and the American Constitutional Enterprise
Author Edward A. Purcell
Publisher Yale University Press
Release Date 2007-12-28
Category Political Science
Total Pages 301
ISBN 0300122039
Language English, Spanish, and French
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Book Summary:

In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

American Constitutional Law by Donald P. Kommers

Title American Constitutional Law
Author Donald P. Kommers
Publisher Rowman & Littlefield Publishers
Release Date 2010
Category Law
Total Pages 1149
ISBN 0742563677
Language English, Spanish, and French
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Book Summary:

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance. Volume 1 of this text focuses on governmental structures and relationships and includes a chapter on elections and political representation.

On Faith by Antonin Scalia

Title On Faith
Author Antonin Scalia
Publisher Crown Forum
Release Date 2019-04-09
Category Religion
Total Pages 256
ISBN 9781984823328
Language English, Spanish, and French
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Book Summary:

On Faith is an inspiring collection of the late Supreme Court justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice. Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.

A Matter Of Interpretation by Antonin Scalia

Title A Matter of Interpretation
Author Antonin Scalia
Publisher Princeton University Press
Release Date 2018-01-30
Category Law
Total Pages 200
ISBN 9780691174044
Language English, Spanish, and French
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Book Summary:

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Title Antonin Scalia s Jurisprudence
Author Ralph A. Rossum
Publisher Unknown
Release Date 2006
Category Biography & Autobiography
Total Pages 298
ISBN UOM:39015063244746
Language English, Spanish, and French
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Book Summary:

"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-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."--Jacket.

Scalia Dissents by Antonin Scalia

Title Scalia Dissents
Author Antonin Scalia
Publisher Regnery Publishing
Release Date 2012-04-01
Category Law
Total Pages 338
ISBN 9781596987005
Language English, Spanish, and French
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Book Summary:

Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Title The United States and Germany During the Twentieth Century
Author Christof Mauch
Publisher Cambridge University Press
Release Date 2010-08-30
Category History
Total Pages 256
ISBN 9780521197816
Language English, Spanish, and French
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Book Summary:

The United States and Germany during the Twentieth Century presents a wide ranging comparison of American and German societies during the late 19th and 20th centuries. The two countries - the world's leading "rising powers" of the time - were both more similar and more different than is widely understood. Above all, their dual encounter with modernity brings out the richness of both societies as they faced unprecedented internal and external challenges, sometimes in isolation, but more often in combination or in parallel with one another.

The Essential Scalia by Antonin Scalia

Title The Essential Scalia
Author Antonin Scalia
Publisher Crown Forum
Release Date 2020-09-15
Category Law
Total Pages 368
ISBN 9781984824110
Language English, Spanish, and French
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Book Summary:

Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.

The Justice Of Contradictions by Richard L. Hasen

Title The Justice of Contradictions
Author Richard L. Hasen
Publisher Yale University Press
Release Date 2018-03-20
Category Biography & Autobiography
Total Pages 248
ISBN 9780300228649
Language English, Spanish, and French
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Book Summary:

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

Constitutional Stupidities Constitutional Tragedies by Murphy Institute of Political Economy

Title Constitutional Stupidities Constitutional Tragedies
Author Murphy Institute of Political Economy
Publisher NYU Press
Release Date 1998-06-01
Category Law
Total Pages 286
ISBN 0814751318
Language English, Spanish, and French
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Book Summary:

Over fifty years ago, Will Herberg theorized that future immigrants to the United States would no longer identify themselves through their races or ethnicities, or through the languages and cultures of their home countries. Rather, modern immigrants would base their identities on their religions. The landscape of U.S. immigration has changed dramatically since Herberg first published his theory. Most of today’s immigrants are Asian or Latino, and are thus unable to shed their racial and ethnic identities as rapidly as the Europeans about whom Herberg wrote. And rather than a flexible, labor-based economy hungry for more workers, today’s immigrants find themselves in a post-industrial segmented economy that allows little in the way of class mobility. In this comprehensive anthology contributors draw on ethnography and in-depth interviews to examine the experiences of the new second generation: the children of Asian and Latino immigrants. Covering a diversity of second-generation religious communities including Christians, Hindus, Buddhists, Muslims, and Jews, the contributors highlight the ways in which race, ethnicity, and religion intersect for new Americans. As the new second generation of Latinos and Asian Americans comes of age, they will not only shape American race relations, but also the face of American religion.

Title The American Constitutional Experience
Author Richard M Battistoni
Publisher Kendall Hunt
Release Date 2000
Category Constitutional law
Total Pages 175
ISBN 0787257605
Language English, Spanish, and French
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Book Summary:

Patriots And Cosmopolitans by John Fabian Witt

Title Patriots and Cosmopolitans
Author John Fabian Witt
Publisher Harvard University Press
Release Date 2009-06-30
Category History
Total Pages 416
ISBN 9780674045286
Language English, Spanish, and French
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Book Summary:

Ranging from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the stories of five patriots and critics. In their own way, each of these individuals came up against the power of American national institutions to shape the directions of legal change.

Title The Political Thought of Justice Antonin Scalia
Author James B. Staab
Publisher Rowman & Littlefield Publishers
Release Date 2006-05-04
Category Biography & Autobiography
Total Pages 408
ISBN 9781461714934
Language English, Spanish, and French
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Book Summary:

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.

The Living Constitution by David A. Strauss

Title The Living Constitution
Author David A. Strauss
Publisher Oxford University Press
Release Date 2010-05-19
Category Law
Total Pages 176
ISBN 0199752532
Language English, Spanish, and French
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Book Summary:

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Title Constitutional commentary
Author Anonim
Publisher Unknown
Release Date 1997
Category
Total Pages 86
ISBN UCAL:B5075866
Language English, Spanish, and French
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Book Summary: