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The Resource Scalia v. Scalia : opportunistic textualism in constitutional interpretation, Catherine L. Langford

Scalia v. Scalia : opportunistic textualism in constitutional interpretation, Catherine L. Langford

Label
Scalia v. Scalia : opportunistic textualism in constitutional interpretation
Title
Scalia v. Scalia
Title remainder
opportunistic textualism in constitutional interpretation
Statement of responsibility
Catherine L. Langford
Title variation
Scalia versus Scalia
Creator
Author
Subject
Language
eng
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. [This book] 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." -- Publisher's website
Member of
Cataloging source
DLC
http://library.link/vocab/creatorDate
1974-
http://library.link/vocab/creatorName
Langford, Catherine L.
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Rhetoric, law, and the humanities
http://library.link/vocab/subjectName
  • Scalia, Antonin
  • Scalia, Antonin
  • Constitutional law
  • Constitutional law
  • Constitutional law
  • Constitutional law
  • United States
Label
Scalia v. Scalia : opportunistic textualism in constitutional interpretation, Catherine L. Langford
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Textualism as a response to the "living" constitutionalism -- Textualism in Scalia's speeches and extrajudicial writings - Interpreting a clear clause: the Eighth Amendment's cruel and unusual punishments clause - Interpreting competing clauses: Mediating religion between the establishment and free exercise clauses - When the Constitution is silent: rejecting the right to an abortion - Conclusion: Scalia's opportunistic textualism
Dimensions
24 cm
Extent
xi, 162 pages
Isbn
9780817391607
Lccn
2017020442
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)986788680
Label
Scalia v. Scalia : opportunistic textualism in constitutional interpretation, Catherine L. Langford
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Textualism as a response to the "living" constitutionalism -- Textualism in Scalia's speeches and extrajudicial writings - Interpreting a clear clause: the Eighth Amendment's cruel and unusual punishments clause - Interpreting competing clauses: Mediating religion between the establishment and free exercise clauses - When the Constitution is silent: rejecting the right to an abortion - Conclusion: Scalia's opportunistic textualism
Dimensions
24 cm
Extent
xi, 162 pages
Isbn
9780817391607
Lccn
2017020442
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)986788680

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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