Originalism in American Law and Politics: A Constitutional History
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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
