Originalism in American Law and Politics: A Constitutional History

Front Cover
JHU Press, Jul 12, 2005 - History - 281 pages

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.

 

Selected pages

Contents

Modern Judicial Power and the ProcessRestraint Tradition
43
The Return of Originalist Analysis in the Warren Court
67
43
78
67
85
4
94
Raoul Berger and the Restoration of Originalism
111
6
133
78
158
The Transformation of Academic
190
Notes
217
Index
233
Copyright

Other editions - View all

Originalism in American Law and Politics: A Constitutional History
Johnathan O'Neill
Limited preview - 2005
Originalism in American Law and Politics: A Constitutional History
Johnathan O'Neill
Snippet view - 2005
Originalism in American Law and Politics: A Constitutional History
Johnathan O'Neill
No preview available - 2007

Common terms and phrases

39th Congress adjudication American constitutional American constitutionalism approach argued argument Bickel Bork Bork's Brown concept congressional conservative consti constitutional interpretation constitutional law constitutional text Constitutional Theory constrain criticism debate decisions defended dissent doctrine due process Dworkin equal protection clause example Fairman Felix Frankfurter Fourteenth Amendment framers Frankfurter fundamental Government by Judiciary Hart Harvard Law Review Hearings Ibid insisted issue judges judicial review jurisdiction jurisprudence jurisprudential Justice Kelly Law Journal legal liberalism Legal Realism legislative legislature legitimacy legitimate limited living Constitution majority Maltz Meese ment modern judicial power moral Neutral Principles nomination opinion original intent original meaning Original Understanding originalist political process jurisprudence process-restraint quote Raoul Berger ratifiers Reagan realist Rehnquist rejected Republican Robert Robert Bork rule of law Scalia scholars scholarship Senate separation of powers statute Supreme Court textual thought tion tional traditional tutional understood University Law Review University Press Warren Court Wechsler Yale York

References to this book

About the author (2005)

Johnathan O'Neill (STATESBORO, GA) is a professor of history at Georgia Southern University. He is the author of Originalism in American Law and Politics: A Constitutional History.

Bibliographic information

TitleOriginalism in American Law and Politics: A Constitutional History
The Johns Hopkins Constitution
The Johns Hopkins Series in Constitutional Thought
AuthorJohnathan O'Neill
PublisherJHU Press, 2005
ISBN0801881110, 9780801881114
Length281 pages
Subjects ›  › 

History / Americas (North, Central, South, West Indies)
Law / Constitutional
Law / General
Political Science / American Government / General
Political Science / American Government / Judicial Branch
Political Science / Constitutions
Political Science / General
Political Science / History & Theory
  
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