00000nam a22000008i 4500 UP-1686042739784996376 Buklod 20241203155316.0 m |o d | cr ||||||||||| 241119s2020 nyu u eng 9780197508794 (eBook) 9780197508763 (eBook) 9780197508770 (eBook) 9780197508787 (eBook) 21343990 DLC DLAW rda eng 347.73/2634 23 KF 8745 S33 P87 2020eb Purcell, Edward A. author. Antonin Scalia and American constitutionalism the historical significance of a judicial icon Edward A. Purcell Jr.. Electronic resources. 003 New York, NY Oxford University Press 2020. 1 online resource text txt rdacontent computer rdamedia online resource cr rdacarrier Includes index. Icon -- Theorist -- An Angle of Vision -- A Subjective Jurisprudence : The Structural Constitution -- An Inconsistent Jurisprudence : The Doctrinal Spectrum -- A Manipulative Jurisprudence : Unprincipled and Expedient Reasoning -- An Arbitrary Jurisprudence : Heller -- An Ignored Jurisprudence : Bush v. Gore -- An Abandoned Jurisprudence : The Nature of the Federal Judicial Power -- The Methodological Fallacy -- The Fusion of Jurisprudence and Politics -- The Nature of American Constitutionalism Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia's jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia's emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, 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, the book examines his opinions on virtually all of the constitutional issues he addressed, from fundamentals of structure to most major constitutional provisions. The book argues that Scalia applied his jurisprudential theories in inconsistent ways and often ignored, twisted, or abandoned the interpretive methods he proclaimed, in most cases reaching results that were consistent with "conservative" politics and the ideology of the post-Reagan Republican Party. Most broadly, it argues that Scalia's jurisprudence and career are particularly significant because they exemplify-contrary to his own persistent claims-three paramount characteristics of American constitutionalism: the inherent inadequacy of "originalism" and other formal interpretive methodologies to produce "correct" answers to controverted constitutional questions; the relationship-particularly close in Scalia's case-between constitutional interpretations on one hand and substantive personal and political goals on the other; and the truly and unavoidably "living" nature of American constitutionalism itself. As a historical matter, the book concludes, Scalia stands as a towering figure of irony because his judicial career disproved the central claims of his own jurisprudence"-- Provided by publisher. Description based on print version record and CIP data provided by publisher; resource not viewed. Scalia, Antonin 1936-2016 Influence. United States. Supreme Court. Constitutional law Electronic resource United States. Originalism. Purcell, Edward A. Print version New York, NY : Oxford University Press, 2020. Antonin Scalia and American constitutionalism (DLC) 2019057042 9780197508763. https://doi.org/10.1093/oso/9780197508763.001.0001 click here to access Available to all UP Students University of the Philippines, College of Law FO UPD DLAW KF 8745 S33 P87 2020 Electronic Resource