Death Justice: Rehnquist, Scalia, Thomas and the Contradictions of the Death Penalty

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LFB Scholarly Pub., 2009 - Law - 236 pages
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Justice Scalia has warned of the danger of fallacies that pass for truth simply because they are frequently repeated. Death Justice argues that one fallacy that passes for truth is the widely held notion that Justices Rehnquist, Scalia, and Thomas applied a fixed standard - itself based on a fixed meaning of the Constitution - to death penalty cases. In defiance of their judicial rhetoric, their conclusions simply defy their, or any, conception of consistency. And without a logical, consistent foundation, their findings on the death penalty come to resemble little more than personal political preferences. More to the point, the contradictory arguments of the three justices have contributed to a unique public policy that exists outside the bounds of the normal limits of American politics. Thanks in part to Rehnquist, Scalia, and Thomas, on the death penalty the U.S. stands far apart from its allies and quite close to its enemies.

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Contents

The Death Penalty in American Law and Politics
17
Speaking for the Public in Death Penalty Decisions
37
Defending the States in Death Penalty Decisions
65
Copyright

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About the author (2009)

Kenneth Miller received a J.D. from the University of Arizona┐s College of Law and currently teaches in the School of Justice & Social Inquiry at Arizona State University. His research on the death penalty, legal globalization, and white collar crime has appeared in numerous law reviews and scholarly journals.

David Niven is the author of four previous scholarly books including The Politics of Injustice: The Freedom Rides, the Kennedys, and the Electoral Consequences of a Moral Compromise (University of Tennessee Press). David┐s research on the death penalty has appeared in Social Science Quarterly and elsewhere. David (Ph.D., Ohio State University) joins the faculty of Wright State University in 2009.

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