Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice | Kevin A. Ring | Character & the Constitution- two things that don't change!
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Scalia Dissents: W...
Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice
Kevin A. Ring
Regnery Publishing, Inc.
, 2004 - 256 pages
average customer review:
based on 17 reviews
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highly recommended
Attorney Kevin Ring has assembled
Justice
Antonin
Scalia
's
most
scathing, most poignant, and most accessible opinions to date. Specific rulings and speeches are explained as Ring invites readers into the judicial world.
Judicial Insightful
This book contains a compilation of rulings by conservative
Supreme
Court
associate
justice
Antonin
Scalia
, who was appointed to the bench in 1986. Includes his written opinions on religion, abortion, the ASA, gay rights, capital punishment, free speech, and affirmative action, referencing the U.S. Constitution and its historical interpretations. This book will give you an insightful look at our Supreme Court. What better time to read this then now, when some of our federal judges are making laws instead of interpreting and ruling on them as they should be.
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Character & the Constitution- two things that don't change!
I had previously recomended this work to several friends- buying it this time for my sons (14 & 17) to read. They also enjoyed
Justice
Scalia
's candor and forthright approach to legal reasoning.
Writings of the Supreme Court's Wittiest, Most Outspoken Justice
~
Scalia
Dissents
:
Writings
of the
Supreme
Court
's
Wittiest
,
Most
Outspoken
Justice
~ is an intriguing anthology of some of the most pivotal Supreme Court cases during the tenure of associate Justice Antonin Scalia. Scalia has been a vigorous proponent of textualism in legal statutory interpretation and originalism as it relates to construction of the Constitution. He has been a passionate critic of the idea of a Living Constitution, declaring in tongue-in-cheek fashion that, "I like my Constitution dead." Though, Scalia is considered a conservative, he takes a more favorable view of national power and may be considered a partisan of Alexander Hamilton. At a conference on federalism, Scalia urged his colleagues to embrace a positive view of federal power "as Hamilton would have urged you--to keep in mind that the federal government is not bad but good. The trick is to use it wisely." Yet on the same token, Scalia has eschewed attempts to bring every issue under the jurisdiction of the federal judiciary. Moreover, he has been a relentless advocate of judicial restraint. Scalia proclaimed defiantly, "The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize." And later, he avowed, "This Court seems incapable of admitting that some matters--any matters--are none of its business." In moments of sober-minded reflectiveness, Scalia recaptures the forgotten lineaments of the constitutional federal republic, in his thoughtful dissenting opinions. For example, he has vigorously defended the separation of powers, and protested the abuse, misuse, and creation of free-wheeling independent counsels and sentencing commissions which rob judges of their discretion in adjudicating justice. He has challenged federal absurdities relating to mandated preferential treatment for ethnic minorities and peoples with disabilities. Though, Scalia has aggravated some conservatives at the same time, such as his majority opinion in Employment Division v. Smith (1990), which religious conservatives believe struck a blow at the free exercise of religion by laying the groundwork for more devastating precedents. What makes the book funny, for any pre-law or law student who may recollect, Scalia has a witty sense of humor. Kevin Ring captures a few of those so called Scalia moments. Objecting to the judicial activism of the radical separation of church and state crowd, Scalia has protested the precedent set in the Lemon case, declaring: "Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again." Overall, this is a thoughtful collection of witty dissents by the Associate Justice. Though, I am a textualist and an originalist as well, I could take issue with a few of Scalia's opinions as they relate to civil liberties, particularly his deference to the present administration admidst the wave of anti-terror legislation that came after 9/11. But still, Scalia's principled jurisprudential philosophy makes the book well worth considering nonetheless. The editor Kevin Ring offers a pensive and succinct overview of Scalia's judicial philosophy at the beginning of this splendid volume.
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Great insight into Scalia's mind and legal philosophy
The only complaint I have about this book is that it dragged on for slightly too long. Other than that, it is a great summary of
Scalia
's
most
influential opinions and accurately summarizes his judicial philosophy and view.
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