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Scalia V. Scalia

Author : Catherine L. Langford
Publisher : University of Alabama Press
ISBN 13 : 0817319700
Total Pages : 177 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Scalia V. Scalia by : Catherine L. Langford

Download or read book Scalia V. Scalia written by Catherine L. Langford and published by University of Alabama Press. This book was released on 2018-01-09 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism. Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means. Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.

Scalia Speaks

Author : Antonin Scalia
Publisher : Forum Books
ISBN 13 : 0525573321
Total Pages : 434 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Scalia Speaks by : Antonin Scalia

Download or read book Scalia Speaks written by Antonin Scalia and published by Forum Books. This book was released on 2017-10-03 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.

The Essential Scalia

Author : Antonin Scalia
Publisher : Forum Books
ISBN 13 : 1984824104
Total Pages : 369 pages
Book Rating : 4.9/5 (848 download)

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Book Synopsis The Essential Scalia by : Antonin Scalia

Download or read book The Essential Scalia written by Antonin Scalia and published by Forum Books. This book was released on 2020-09-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan “[Scalia’s writings] are as readable today as they were when they first appeared. . . . Especially illuminating to anyone who wants to unlock the mystery of why Ginsburg admired Scalia—or who wants to get a sense of where the Supreme Court may be headed.”—The Wall Street Journal A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.

The Justice of Contradictions

Author : Richard L. Hasen
Publisher : Yale University Press
ISBN 13 : 0300228643
Total Pages : 245 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Justice of Contradictions by : Richard L. Hasen

Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

Scalia Dissents

Author : Antonin Scalia
Publisher : Simon and Schuster
ISBN 13 : 1596987006
Total Pages : 265 pages
Book Rating : 4.5/5 (969 download)

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Book Synopsis Scalia Dissents by : Antonin Scalia

Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Antonin Scalia's Jurisprudence

Author : Ralph A. Rossum
Publisher : University Press of Kansas
ISBN 13 : 0700623507
Total Pages : 366 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Antonin Scalia's Jurisprudence by : Ralph A. Rossum

Download or read book Antonin Scalia's Jurisprudence written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2016-12-12 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reading Law

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314275554
Total Pages : 0 pages
Book Rating : 4.2/5 (755 download)

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Book Synopsis Reading Law by : Antonin Scalia

Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Scalia

Author : Bruce Allen Murphy
Publisher : Simon and Schuster
ISBN 13 : 0743296508
Total Pages : 656 pages
Book Rating : 4.7/5 (432 download)

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Book Synopsis Scalia by : Bruce Allen Murphy

Download or read book Scalia written by Bruce Allen Murphy and published by Simon and Schuster. This book was released on 2015-06-30 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.

American Original

Author : Joan Biskupic
Publisher : Sarah Crichton Books
ISBN 13 : 1429990015
Total Pages : 448 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis American Original by : Joan Biskupic

Download or read book American Original written by Joan Biskupic and published by Sarah Crichton Books. This book was released on 2009-11-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Scalia's Court

Author : Antonin Scalia
Publisher : Simon and Schuster
ISBN 13 : 1621575330
Total Pages : 592 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis Scalia's Court by : Antonin Scalia

Download or read book Scalia's Court written by Antonin Scalia and published by Simon and Schuster. This book was released on 2016-04-04 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

Scalia v. Epstein

Author : Antonin Scalia
Publisher : Cato Institute
ISBN 13 : 1937184463
Total Pages : 21 pages
Book Rating : 4.9/5 (371 download)

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Book Synopsis Scalia v. Epstein by : Antonin Scalia

Download or read book Scalia v. Epstein written by Antonin Scalia and published by Cato Institute. This book was released on 1985-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.

A Matter of Interpretation

Author : Antonin Scalia
Publisher : Princeton University Press
ISBN 13 : 0691174040
Total Pages : 197 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis A Matter of Interpretation by : Antonin Scalia

Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

The Unexpected Scalia

Author : David M. Dorsen
Publisher : Cambridge University Press
ISBN 13 : 1316878619
Total Pages : 395 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The Unexpected Scalia by : David M. Dorsen

Download or read book The Unexpected Scalia written by David M. Dorsen and published by Cambridge University Press. This book was released on 2017-02-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.

The Political Thought of Justice Antonin Scalia

Author : James B. Staab
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461714931
Total Pages : 406 pages
Book Rating : 4.4/5 (617 download)

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Book Synopsis The Political Thought of Justice Antonin Scalia by : James B. Staab

Download or read book The Political Thought of Justice Antonin Scalia written by James B. Staab and published by Rowman & Littlefield Publishers. This book was released on 2006-05-04 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mindfulness and Judging, 2016

Author : Federal Judicial Center
Publisher : Government Printing Office
ISBN 13 : 9780160937828
Total Pages : 16 pages
Book Rating : 4.9/5 (378 download)

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Book Synopsis Mindfulness and Judging, 2016 by : Federal Judicial Center

Download or read book Mindfulness and Judging, 2016 written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-04-27 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a primer on mindfulness and its uses in judging. Mindfulness involves slowing down one's mental processes enough to allow one to notice as much as possible about a given moment or situation, and then to act thoughtfully based on what one has noticed. Much of the discussion of mindfulness in relation to judges so far has focused on health and wellness, but mindfulness also has obvious implications for the actual work that judges do. The purpose of mindfulness is not to tell one what to think or do but rather to help one think and act as one chooses with the benefit of deeper reflection and more fully conscious intent. For judges, whose judgments can have profound effects on others, it can be both an enormously effective tool and a key to a more satisfying professional life. Related products: Judicial Branch and Federal Courts collection can be found here: https://bookstore.gpo.gov/agency/judicial-branch-federal-courts

A Republic, If You Can Keep It

Author : Neil Gorsuch
Publisher : Crown Forum
ISBN 13 : 0525576797
Total Pages : 352 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis A Republic, If You Can Keep It by : Neil Gorsuch

Download or read book A Republic, If You Can Keep It written by Neil Gorsuch and published by Crown Forum. This book was released on 2019-09-10 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

Dissenting Opinions of Justice Antonin Scalia

Author : Antonin Scalia
Publisher : Talbot Publishing
ISBN 13 : 9781616195731
Total Pages : 554 pages
Book Rating : 4.1/5 (957 download)

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Book Synopsis Dissenting Opinions of Justice Antonin Scalia by : Antonin Scalia

Download or read book Dissenting Opinions of Justice Antonin Scalia written by Antonin Scalia and published by Talbot Publishing. This book was released on 2018 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : why dissent? / Caleb Stegall -- Constitutional structure -- The judicial power -- Statutory interpretation -- The power of the police -- Speech -- Religion -- Social regulation