Antonin Scalia's Jurisprudence : Text and Tradition

Ralph Rossum

ISBN 10: 0700623507 / ISBN 13: 9780700623501

Editore: University Press Of Kansas Dez 2016, 2016

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Neuware - The first comprehensive, reasoned, andsympathetic analysis of how Scalia hasdecided cases now covers his entireSupreme Court tenure. In the new afterwordRalph Rossum discusses the thirty-eightmajor opinions since the original 2006publication, including Scalia s seminalopinion on the Second Amendment inDistrict of Columbia v. Heller, his dissent inthe Obamacare cases of NFIB v. Sebelius andKing v. Burwell, the important recessappointments case of NLRB v. Noel Canning,his criminal procedure decisions on theFourth Amendment and the ConfrontationClause, his equal protection (racial preference)opinions, and Hein v. Freedom fromReligion Foundation.

Codice articolo 9780700623501

Dati bibliografici

• Titolo: Antonin Scalia's Jurisprudence : Text and Tradition
• Editore: University Press Of Kansas Dez 2016
• Data di pubblicazione: 2016
• Lingua: Inglese
• ISBN 10: 0700623507
• ISBN 13: 9780700623501
• Rilegatura: Taschenbuch
• Edizione: seconda edizione
• Condizione: Neu
• Dimensioni: 229 L x 152 A x 19 P (millimetri) 229 millimetri di larghezza per 152 millimetri di altezza per 19 millimetri di profondità
• Peso: 491 grammi

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Riassunto

In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation.

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.