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Author: Richard A. Brisbin
Publisher: JHU Press
Published: 1998-09-25
Total Pages: 494
ISBN-13: 9780801860942
DOWNLOAD EBOOK →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: David A Schultz
Publisher: Rowman & Littlefield
Published: 2020-07-07
Total Pages: 391
ISBN-13: 1498564496
DOWNLOAD EBOOK →Many hoped or feared that Antonin Scalia’s appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia’s nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia’s influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views—both substantively and methodologically—was less than many mainstream media accounts recognize. Scalia’s institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia’s legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
Author: Michael Avery
Publisher: Vanderbilt University Press (TN)
Published: 2013-03-01
Total Pages: 294
ISBN-13: 9780826518781
DOWNLOAD EBOOK →"Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on regulation of business and private property; race and gender discrimination and affirmative action; personal sexual autonomy, including abortion and gay rights; and American exceptionalism and international law."--Publisher's website.
Author: George F. Will
Publisher: Hachette Books
Published: 2019-06-04
Total Pages: 640
ISBN-13: 0316480916
DOWNLOAD EBOOK →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: Johnathan O'Neill
Publisher: JHU Press
Published: 2005-07-12
Total Pages: 308
ISBN-13: 9780801881114
DOWNLOAD EBOOK →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: Richard A. Brisbin
Publisher: U of Nebraska Press
Published: 1996-01-01
Total Pages: 248
ISBN-13: 9780803212718
DOWNLOAD EBOOK →With one of the weakest economies in the nation and a college attendance level lowest among the states, West Virginia has recently concentrated resources on combating its isolation from eastern markets and improving the quality of its public schools. The authors explore how West Virginians cope with these problems-compounded by the state's relatively high rates of occupational injury, teenage pregnancy, maternal health problems, heart disease, lung disease, and cancer-and how they choose to govern and be governed while seeking solutions. The authors argue that West Virginia's political system is affected by institutional rules, roles, and processes conditioned by the availability of economic resources. They examine the state's historical, political, judicial, and cultural practices, illuminating the policy consequences of limited institutional capacity on the economy, education, the environment, and healthcare. All four of the authors are at West Virginia University. Richard A. Brisbin Jr. is an associate professor of political science and the author of Justice Antonin Scalia and the Conservative Revival. Robert Jay Dilger is director of the Institute for Public Affairs and a professor of political science. His works include West Virginia in the 1990s: Opportunities for Economic Progress. Allan S. Hammock, an associate professor and chair of the Department of Political Science, is the coeditor of West Virginia Policy Issues. Christopher Z. Mooney is an assistant professor of political science and the coauthor of Bootstrapping: A Nonparametric Approach to Statistical Inference.
Author: James B. Staab
Publisher: Rowman & Littlefield Publishers
Published: 2006-05-04
Total Pages: 406
ISBN-13: 1461714931
DOWNLOAD EBOOK →The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Court_the late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas.
Author: Bruce Allen Murphy
Publisher: Simon and Schuster
Published: 2014-06-10
Total Pages: 656
ISBN-13: 0743296494
DOWNLOAD EBOOK →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: Yuval Levin
Publisher: Basic Books
Published: 2016-05-24
Total Pages: 273
ISBN-13: 0465098606
DOWNLOAD EBOOK →A National Review Best Book of the Year Americans today are anxious--about the economy, about politics, about our government. The institutions that once dominated our culture have become smaller, more diverse, and personalized. Individualism has come at the cost of dwindling solidarity. No wonder, then, that voters and politicians alike are nostalgic for a time of social cohesion and economic success. But the policies of the past are inadequate to the America of today. Both parties are stuck presenting old solutions to new problems. In The Fractured Republic, Yuval Levin details his innovative answers to the dysfunctions of our fragmented national life. By embracing subsidiarity and diversity and rejecting extremism and nostalgia, he believes we can revive the middle layers of society and enable an American revival. Updated with a new epilogue, Levin helps us navigate our fraught political waters.
Author: Stephen B. Burbank
Publisher: Cambridge University Press
Published: 2017-04-18
Total Pages: 299
ISBN-13: 110818409X
DOWNLOAD EBOOK →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.
