In this Book

summary
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.

Table of Contents

  1. Cover
  2. restricted access Download |
  1. Title Page, Copyright, Dedication
  2. pp. i-vi
  3. restricted access Download |
  1. Contents
  2. pp. vii-viii
  3. restricted access Download |
  1. Acknowledgments
  2. pp. ix-xiv
  3. restricted access Download |
  1. Introduction
  2. pp. 1-8
  3. restricted access Download |
  1. 1. Textualism as a Response to the “Living” Constitution
  2. pp. 9-23
  3. restricted access Download |
  1. 2. Textualism in Scalia’s Speeches and Extrajudicial Writings
  2. pp. 24-50
  3. restricted access Download |
  1. 3. Interpreting a Clear Clause: The Eighth Amendment’s Cruel and Unusual Punishments Clause
  2. pp. 51-71
  3. restricted access Download |
  1. 4. Interpreting Competing Clauses: Mediating Religion between the Establishment and Free Exercise Clauses
  2. pp. 72-96
  3. restricted access Download |
  1. 5. When the Constitution Is Silent: Rejecting the Right to an Abortion
  2. pp. 97-115
  3. restricted access Download |
  1. Conclusion: Scalia’s Opportunistic Textualism
  2. pp. 116-128
  3. restricted access Download |
  1. Notes
  2. pp. 129-144
  3. restricted access Download |
  1. Bibliography
  2. pp. 145-154
  3. restricted access Download |
  1. Index
  2. pp. 155-162
  3. restricted access Download |

Additional Information

ISBN
9780817391607
Related ISBN
9780817319700
MARC Record
OCLC
1017925006
Pages
176
Launched on MUSE
2018-01-18
Language
English
Open Access
No
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.