The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme CourtThe 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. |
Contents
The Road to the Supreme Court | 1 |
Separation of Powers and Access to Justice | 35 |
Interbranch Conflicts between Congress and the President | 59 |
Copyright | |
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According to Scalia action Administrative Law agency Alexander Hamilton American Antonin Scalia appointment Article authority believed bill Brady Bill branches of government Chief Justice claims Clause Congress congressional conservative Constitution Court of Appeals D.C. Cir D.C. Court decision defended delegation dissenting district court doctrine enemy combatants executive branch executive power executive privilege exercise federal courts federal government Federalist foreign framers Hamiltonian Humphrey's Executor Ibid immunity interpretation issue Judge Scalia judicial judiciary jurisprudence Justice Scalia Law Review legislative veto Madison majority ment national government nondelegation doctrine O'Connor plain statement rule political process preemption president president's principles Printz provision reason regulate Rehnquist republican Sandra Day O'Connor Scalia argued Scalia maintained Scalia wrote Scalia's view separation of powers statute Stephen Breyer Supreme Court t]he Tenth Amendment Term Limits Thomas tion treaties U.S. Const U.S. Senate United University Press violated vote York