Originalism in American Law and Politics: A Constitutional History

by Johnathan O'Neill

Overview

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 American history.

Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Product Details

ISBN-13:	9780801881114
Publisher:	Johns Hopkins University Press
Publication date:	07/12/2005
Series:	The Johns Hopkins Series in Constitutional Thought
Pages:	296
Product dimensions:	6.00(w) x 9.00(h) x 0.87(d)
Age Range:	18 Years

About the Author

Johnathan O'Neill (STATESBORO, GA) is a professor of history at Georgia Southern University. He is the author of Originalism in American Law and Politics: A Constitutional History.

Table of Contents

Preface
Introduction
1. From Textual Originalism to Modern Judicial Power
2. Modern Judicial Power and the Process-Restraint Tradition
3. The Return of Originalist Analysis in the Warren Court Era
4. At the Crossroads: The Originalist Idea in Post–Warren Court Politics and Jurisprudence
5. Raoul Berger and the Restoration of Originalism
6. Originalism in the Era of Ronald Reagan
7. Robert Bork and the Trial of Originalism
8. Originalism in the 1990s: The Transformation of Academic Theory and the Limitations of Practice
Notes
Index

What People are Saying About This

From the Publisher

Will surely become the standard reference for scholars and students interested in the development of originalism as a theory of constitutional interpretation.
—Richard Brisbin, West Virginia University

Richard Brisbin

Will surely become the standard reference for scholars and students interested in the development of originalism as a theory of constitutional interpretation.

— Richard Brisbin, West Virginia University

Editorial Reviews

Everything 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, Claremont Review of Books

This 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, American Historical Review

O'Neill has provided a rich and compelling account.
—Charles A. Lofgren, Journal of American History

Offers a thoughtful historical treatment of originalism within the United States.
—Wayne D. Moore, Law and History Review

The work is comprehensive in its coverage, fair to all the contending parties, and argumentative in the best sense of the word.
—Choice

Excellent 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, Law and Politics Book Review

Interesting.
—Dennis J. Golford, American Journal of Legal History

From the Publisher

This 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.

American Historical Review - Keith E. Whittington

Interesting.

American Journal of Legal History - Dennis J. Golford

Offers a thoughtful historical treatment of originalism within the United States.

Law and History Review - Wayne D. Moore

The work is comprehensive in its coverage, fair to all the contending parties, and argumentative in the best sense of the word.

Choice

Excellent 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.

Law and Politics Book Review - George Thomas

Everything a work of this kind should be. It is comprehensive in its coverage, scrupulously fair to all contending parties, and engagingly argumentative.

Claremont Review of Books - Michael M. Uhlmann

O'Neill has provided a rich and compelling account.

Journal of American History - Charles A. Lofgren