Machine generated contents note: -- Preface -- 1. Introduction -- 2. "Text and tradition": Scalia's understanding of the interpretative enterprise -- 3. Constitutional structure and federalism -- 4. Scalia's textualism applied to substantive rights -- 5. Scalia's textualism applied to procedural rights -- 6. The impact of Scalia's textualism on his colleagues -- Appendix. Cases in which Justice Scalia has cited dictionaries -- Notes -- Index.
Summary:
"Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-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. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires."-- Provided by publisher. "Ralph Rossum adds a substantial Afterword (10,000 words) to his 2006 book on Justice Scalia's jurisprudence, discussing cases since the book was completed as well as the continuing debate about Scalia's ideas. According to Rossum he will address "Scalia's death and the public reaction to his death; the several symposia at Politico, Liberty Law Blog, etc., on Scalia's contributions to the development of the law; the comments of Justices Ginsberg and Thomas at the Scalia Memorial Service; the 38 major opinions he wrote since the book was originally published (e.g., his seminal opinion on the Second Amendment in District of Columbia v. Heller, his blistering dissents in the Obamacare cases of NFIB. v. Sebelius and King v. Burwell, his concurrence in the judgment in the important recess appointments case of NLRB v. Noel Canning, his important criminal procedure decisions on the Fourth Amendment and the Confrontation Clause, his major death penalty opinions, his equal protection [racial preference] opinions, and his standing opinion in Hein v. Freedom from Religion Foundation); and he will update the tables in the book's final chapter on Scalia and his voting coalitions.""-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.