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OverviewAntonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence. Full Product DetailsAuthor: Edward A. Purcell, Jr. (Joseph Solomon Distinguished Professor of Law, Joseph Solomon Distinguished Professor of Law, New York Law School)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 23.60cm , Height: 3.30cm , Length: 16.00cm Weight: 0.001kg ISBN: 9780197508763ISBN 10: 0197508766 Pages: 328 Publication Date: 01 July 2020 Audience: General/trade , General Format: Hardback Publisher's Status: Active Availability: To order Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsReviewsPurcell's book is a wonderfully comprehensive and devastating critique of Scalia the Justice... this book takes seriously Scalia's constitutional law and statutory interpretation jurisprudence and examines that case law with a probing, smart, microscope revealing its too-many-to-count flaws and inconsistencies. -- Eric Segall, Dorf on Law This book, by one of America's foremost legal historians, assesses Scalia's significance in the history of US constitutionalism. -- The Commonwealth Lawyer This book, by one of America's foremost legal historians, assesses Scalia's significance in the history of US constitutionalism. -- The Commonwealth Lawyer This book, by one of America's foremost legal historians, assesses Scalia's significance in the history of US constitutionalism. * The Commonwealth Lawyer * Purcell's book is a wonderfully comprehensive and devastating critique of Scalia the Justice... this book takes seriously Scalia's constitutional law and statutory interpretation jurisprudence and examines that case law with a probing, smart, microscope revealing its too-many-to-count flaws and inconsistencies. * Eric Segall, Dorf on Law * This book, by one of America's foremost legal historians, assesses Scalia's significance in the history of US constitutionalism. * The Commonwealth Lawyer * Author InformationEdward A. Purcell, Jr. is the Joseph Solomon Distinguished Professor at New York Law School. Tab Content 6Author Website:Countries AvailableAll regions |