Category Books

Originalism in American Law and Politics: A Constitutional History »

Authors: Johnathan O'Neill
ISBN-13: 9780801881114, ISBN-10: 0801881110
Format: Hardcover
Publisher: Johns Hopkins University Press
Date Published: June 2005
Edition: (Non-applicable)

Author Biography: Johnathan O'Neill

Johnathan O'Neill is an assistant professor of history at Georgia Southern University.

Book Synopsis

Refuting the contention that originalism is a 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.

1	From textual originalism to modern judicial power	12
2	Modern judicial power and the process-restraint tradition	43
3	The return of originalist analysis in the Warren court era	67
4	At the crossroads : the originalist idea in post-Warren court politics and jurisprudence	94
5	Raoul Berger and the restoration of originalism	111
6	Originalism in the era of Ronald Reagan	133
7	Robert Bork and the trial of originalism	161
8	Originalism in the 1990s : the transformation of academic theory and the limitations of practice	190