Originalism in American Law and Politics: A Constitutional History
This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent 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...
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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.
1From textual originalism to modern judicial power122Modern judicial power and the process-restraint tradition433The return of originalist analysis in the Warren court era674At the crossroads : the originalist idea in post-Warren court politics and jurisprudence945Raoul Berger and the restoration of originalism1116Originalism in the era of Ronald Reagan1337Robert Bork and the trial of originalism1618Originalism in the 1990s : the transformation of academic theory and the limitations of practice190
\ Journal of American HistoryO'Neill has provided a rich and compelling account.\ — Charles A. Lofgren\ \ \ \ \ \ American Historical ReviewThis book will undoubtedly be the essential reference on the history of originalism, and it will be an important building block toward the history of the conservative legal movement and the conservative intellectual movement.\ — Keith E. Whittington\ \ \ \ Law and History ReviewOffers a thoughtful historical treatment of originalism within the United States.\ — Wayne D. Moore\ \ \ \ \ \ Law and Politics Book ReviewExcellent book... It would be nice to see the return of constitutional history to History proper. And O'Neill has provided a ready vehicle for just such a return.\ — George Thomas\ \ \ \ \ \ ChoiceThe work is comprehensive in its coverage, fair to all the contending parties, and argumentative in the best sense of the word... Recommended.\ \ \ \ \ Claremont Review of BooksEverything a work of this kind should be. It is comprehensive in its coverage, scrupulously fair to all contending parties, and engagingly argumentative.\ — Michael M. Uhlmann\ \ \ \ \ \ American Journal of Legal HistoryInteresting.\ — Dennis J. Golford\ \ \ \ \ \ ChoiceThe work is comprehensive in its coverage, fair to all the contending parties, and argumentative in the best sense of the word... Recommended.\ \ \ \ \ \ American Historical ReviewThis book will undoubtedly be the essential reference on the history of originalism, and it will be an important building block toward the history of the conservative legal movement and the conservative intellectual movement.\ — Keith E. Whittington\ \ \ \ \ \ Journal of American HistoryO'Neill has provided a rich and compelling account.\ — Charles A. Lofgren\ \ \ \ \ \ Law and Politics Book ReviewExcellent book... It would be nice to see the return of constitutional history to History proper. And O'Neill has provided a ready vehicle for just such a return.\ — George Thomas\ \ \ \ \ \ Claremont Review of BooksEverything a work of this kind should be. It is comprehensive in its coverage, scrupulously fair to all contending parties, and engagingly argumentative.\ — Michael M. Uhlmann\ \ \ \ \ \ Law and History ReviewOffers a thoughtful historical treatment of originalism within the United States.\ — Wayne D. Moore\ \ \ \ \ \ American Journal of Legal HistoryInteresting.\ — Dennis J. Golford\ \ \
