The Political Thought of Justice Antonin Scalia

The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.

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.

Chapter 0 Introduction: Scalia's Distinctive Brand of Conservatism
Chapter 1. Nothing Is Easy: The Road to the Supreme Court
Chapter 2. Separation of Powers and Access to Justice
Chapter 3. Interbranch Conflicts Between Congress and the President
Chapter 4. Executive Power
Chapter 5. The "Politics" of Administration
Chapter 6. The Conservative Role of Judges in a Democratic System of Government
Chapter 7. The "Science" of Interpreting Texts
Chapter 8. Early Hamiltonian Leanings in the Area of Federalism
Chapter 9. The Transformation from a Hamiltonian to a Madisonian in Federalism Disputes
Chapter 10 Conclusion: Scalia's Personality and Statesmanship