The Jurisprudential Vision of Justice Antonin Scalia

When Antonin Scalia was appointed to the Supreme Court in 1986, conservatives hoped he would become the intellectual leader of President Reagan's judicial counter-revolution. In this first book-length analysis of Scalia's jurisprudence, David A. Schultz and Christopher E. Smith argue that Scalia's impact has been neither what conservatives hoped nor what liberals feared. The authors examine Scalia's political and judicial philosophy and they outline the areas of the law that Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger Courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in American society. This is essential reading for students, scholars, and anyone interested in the Supreme Court and constitutional law.

List of contents

Chapter 1 Introduction: Property Rights and the Emergence of a Post-Carolene Products Jurisprudence Chapter 2 Constitutional Interpretation and the Political Process Chapter 3 Statutory Interpretation and Legislative Politics Chapter 4 The Institutions of American Government Chapter 5 Freedom of Religion Chapter 6 Freedom of Speech Chapter 7 Freedom of Press and Association Chapter 8 Criminal Justice and the Majoritarian Process Chapter 9 A Different Kind of Conservative Chapter 10 Bibliography Chapter 11 Cases Chapter 12 Index

About the author

By David A. Schultz and Christopher E. Smith

Product details

• Authors: David A. Schultz, Christopher E. Smith, Smith Christopher E.
• Publisher: Rowman & Littlefield
• Languages: English
• Product format: Paperback / Softback
• Released: 27.02.1996
• EAN: 9780847681327
• ISBN: 978-0-8476-8132-7
• Dimensions: 175 mm x 227 mm x 22 mm
• Weight: 399 g
• Subjects: Social sciences, law, business > Political science > Political science and political education; USA, LAW / Courts, LAW / Civil Law, POLITICAL SCIENCE / American Government / Executive Branch, POLITICAL SCIENCE / American Government / Legislative Branch, LAW / Trial Practice, United States of America, USA, Private or civil law: general, Constitution: government & the state, Constitution: government and the state, Courts & procedure, Legal systems: courts and procedures, Private / Civil law: general works