Justice Antonin Scalia And The Conservative Revival
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Author | : Richard A. Brisbin |
Publisher | : JHU Press |
Total Pages | : 494 |
Release | : 1998-09-25 |
Genre | : Biography & Autobiography |
ISBN | : 9780801860942 |
The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.
Author | : Johnathan O'Neill |
Publisher | : JHU Press |
Total Pages | : 308 |
Release | : 2005-07-12 |
Genre | : History |
ISBN | : 9780801881114 |
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.
Author | : George F. Will |
Publisher | : Hachette Books |
Total Pages | : 598 |
Release | : 2019-06-04 |
Genre | : Political Science |
ISBN | : 0316480916 |
The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.
Author | : Yuval Levin |
Publisher | : Basic Books |
Total Pages | : 274 |
Release | : 2017-05-23 |
Genre | : Political Science |
ISBN | : 0465093256 |
Americans today are frustrated and anxious. Our economy is sluggish, and leaves workers insecure. Income inequality, cultural divisions, and political polarization increasingly pull us apart. Our governing institutions often seem paralyzed. And our politics has failed to rise to these challenges. No wonder, then, that Americans -- and the politicians who represent them -- are overwhelmingly nostalgic for a better time. The Left looks back to the middle of the twentieth century, when unions were strong, large public programs promised to solve pressing social problems, and the movements for racial integration and sexual equality were advancing. The Right looks back to the Reagan Era, when deregulation and lower taxes spurred the economy, cultural traditionalism seemed resurgent, and America was confident and optimistic. Each side thinks returning to its golden age could solve America's problems. In The Fractured Republic, Yuval Levin argues that this politics of nostalgia is failing twenty-first-century Americans. Both parties are blind to how America has changed over the past half century -- as the large, consolidated institutions that once dominated our economy, politics, and culture have fragmented and become smaller, more diverse, and personalized. Individualism, dynamism, and liberalization have come at the cost of dwindling solidarity, cohesion, and social order. This has left us with more choices in every realm of life but less security, stability, and national unity. Both our strengths and our weaknesses are therefore consequences of these changes. And the dysfunctions of our fragmented national life will need to be answered by the strengths of our decentralized, diverse, dynamic nation. Levin argues that this calls for a modernizing politics that avoids both radical individualism and a centralizing statism and instead revives the middle layers of society -- families and communities, schools and churches, charities and associations, local governments and markets. Through them, we can achieve not a single solution to the problems of our age, but multiple and tailored answers fitted to the daunting range of challenges we face and suited to enable an American revival.
Author | : James Brian Staab |
Publisher | : Rowman & Littlefield |
Total Pages | : 416 |
Release | : 2006 |
Genre | : Biography & Autobiography |
ISBN | : 9780742543119 |
The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.
Author | : Bruce Allen Murphy |
Publisher | : Simon and Schuster |
Total Pages | : 656 |
Release | : 2014-06-10 |
Genre | : Biography & Autobiography |
ISBN | : 0743296494 |
A deeply researched portrait of the controversial Supreme Court justice covers his career achievements, his appointment in 1986, and his resolve to support agendas from an ethical, rather than political, perspective.
Author | : Richard A. Brisbin, Jr. |
Publisher | : U of Nebraska Press |
Total Pages | : 386 |
Release | : |
Genre | : |
ISBN | : 1496239849 |
Author | : Stephen B. Burbank |
Publisher | : Cambridge University Press |
Total Pages | : 299 |
Release | : 2017-04-18 |
Genre | : Law |
ISBN | : 110818409X |
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Author | : Stephen Breyer |
Publisher | : Vintage |
Total Pages | : 176 |
Release | : 2007-12-18 |
Genre | : Political Science |
ISBN | : 0307424618 |
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author | : Thomas R. Hensley |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 462 |
Release | : 2006-06-08 |
Genre | : Law |
ISBN | : 1576075605 |
A detailed look at the Rehnquist Court's key figures, rulings, and major changes to U.S. constitutional law. Did the Rehnquist Court, which followed the liberal Warren Court and the moderate Burger Court, achieve a conservative counterrevolution? Using quantitative data to supplement detailed opinion analysis, political scientist Thomas R. Hensley argues that continuity not change characterized the Rehnquist Court era. But without a doubt, the Rehnquist Court was frequently a war zone. Fourteen justices served during the Rehnquist era, which began in 1986 during the Reagan administration and ended with Rehnquist's death in September 2005. Presidents Reagan and Bush appointed conservative justices and set in motion an assault on the "ultra-liberal" decisions made by the two previous courts. But President Clinton appointed two moderate Democrats, slowing the conservative juggernaut. The result? One of the most fascinating, contentious, and crucial periods in the history of the U.S. Supreme Court.