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.
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Professor Staab has produced a carefully crafted, nuanced portrait of Antonin Scalia--the U.S. Supreme Court's most colorful and influential conservative justice. Comparing Scalia to an equally intriguing American character--Alexander Hamilton-- is as original as it is brilliant! (Barbara A. Perry )
James Staab's comprehensive review of Justice Scalia's approach to judging argues that Scalia is a Hamiltonian and forthrightly grapples with Scalia's departures from Hamilton's nationalism. The first major work to move beyond the simplicities of calling Scalia a conservative or a textualist, instead locating Scalia's jurisprudence in American political thought, Staab's book is an invaluable contribution to understanding one of the most important justices on today's Supreme Court. (Tushnet, Mark )
In an increasingly crowded field of judicial biographies of Justice Scalia, Professor Staab’s book stands out. His factual, intellectual, and sophisticated analysis of the Justice’s Hamiltonian Weltanschauung deserves close attention by all seriously desirous of understanding Scalia’s uniquely challenging jurisprudence. (Abraham, Henry J. )
This highly sophisticated attempt to link the jurisprudence of Justice Antonin Scalia to the thought of Alexander Hamilton shows the inadequacy of traditional conservative labels. . . . Of definite value for upper-division undergraduates and above . . . [and] essential for law collections. (Choice )
In the 200-year-history of the Supreme Court, no sitting justice has been the subject of such an extensive scholarly literature, as has Scalia. Through countless articles and numerous book-length treatments a contentious sub-literature has formed that attempts to explain his jurisprudence and effect on the law. … one can only be intrigued by a book that describes Scalia as a Hamiltonian. (Law And Politics Book Review )
This highly sophisticated attempt to link the jurisprudence of Justice Antonin Scalia to the thought of Alexander Hamilton shows the inadequacy of traditional conservative labels. . . . Of definite value for upper-division undergraduates and above . . . [and] essential for law collections.... (Choice )
... an insightful and very readable analysis of Justice Scalia's jurisprudence, particularly with respect to federalism and separation of powers. Students and specialists alike will find the work useful and illuminating. (O'Brien, David M. )
This is a first-rate work of scholarship, analysis, and clear writing. (Appellate Practice Journal )
James Staab's comprehensive review of Justice Scalia's approach to judging argues that Scalia is a Hamiltonian and forthrightly grapples with Scalia's departures from Hamilton's nationalism. The first major work to move beyond the simplicities of calling Scalia a conservative or a textualist, instead locating Scalia's jurisprudence in American political thought, Staab's book is an invaluable contribution to understanding one of the most important justices on today's Supreme Court. (Tushnet, Mark )
In an increasingly crowded field of judicial biographies of Justice Scalia, Professor Staab’s book stands out. His factual, intellectual, and sophisticated analysis of the Justice’s Hamiltonian Weltanschauung deserves close attention by all seriously desirous of understanding Scalia’s uniquely challenging jurisprudence. (Abraham, Henry J. )
This highly sophisticated attempt to link the jurisprudence of Justice Antonin Scalia to the thought of Alexander Hamilton shows the inadequacy of traditional conservative labels. . . . Of definite value for upper-division undergraduates and above . . . [and] essential for law collections. (Choice )
In the 200-year-history of the Supreme Court, no sitting justice has been the subject of such an extensive scholarly literature, as has Scalia. Through countless articles and numerous book-length treatments a contentious sub-literature has formed that attempts to explain his jurisprudence and effect on the law. … one can only be intrigued by a book that describes Scalia as a Hamiltonian. (Law And Politics Book Review )
This highly sophisticated attempt to link the jurisprudence of Justice Antonin Scalia to the thought of Alexander Hamilton shows the inadequacy of traditional conservative labels. . . . Of definite value for upper-division undergraduates and above . . . [and] essential for law collections.... (Choice )
... an insightful and very readable analysis of Justice Scalia's jurisprudence, particularly with respect to federalism and separation of powers. Students and specialists alike will find the work useful and illuminating. (O'Brien, David M. )
This is a first-rate work of scholarship, analysis, and clear writing. (Appellate Practice Journal )
About the Author
James B. Staab is a professor of political science at the University of Central Missouri.
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4 of 4 people found the following review helpful:
5.0 out of 5 stars
Very Interesting Analysis,
By Jason W. (Kansas City, MO) - See all my reviews
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This review is from: The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court (Paperback)
I was an undergraduate student in Dr. Staab's courses at UCM. This work reads in a similar manner to the discussions that I recall. There are a number of books available on Justice Scalia that read more like biographies of the man or his political philosophy. This one is unique in trying to pain a more dynamic picture rather than just calling the justice a conservative or an originalist. It is a very academic book and the reading level seems just beyond that of the average high school student. It would rank as above average in terms of difficulty compared to many of my better college texts. Still, I've loaned it to several of my more advanced high school students and they have found it readable with a little assistance. A healthy understanding of American political history and the thinking of our early political leaders was needed to appreciate the analysis.
1 of 1 people found the following review helpful:
5.0 out of 5 stars
I love Justice Scalia, a President Reagan appointee, and my favorite Supreme Court justice,
By Scamp Lumm "Littlesorrel/christian zionist" (Perseus-Pisces cluster, ~100Mpc) - See all my reviews
This review is from: The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court (Paperback)
I got this book from a local law library when I worked at a university. This book is so excellent, should be more readily available to the public.The author is a law professor in the midwest. After reading this book, you will not only understand Justice Scalia's decisions, but you will also have a firm grasp of other Supreme Court justices' stances, and the stances of our founding fathers, not only Hamilton but also Madison and others. An Amazon friend who has the most awesome book lists and reviews, had this on his book list, seemed to have my name on it; I had to read it. He's a lawyer now and he doesn't know how much he has opened my eyes and helped to change my understanding of things. To me, he has lead me to righteousness and for that he will shine in the heavens like the stars forever and ever Daniel 12:3. You are much loved Aaron. What I love most about Justice Scalia is that, as he describes it, he interprets the law from the law, not as Anton Scalia would have it interpreted. Would that the most recent additions to the court would do the same, but alas it is not likely. He has traveled the country giving lectures and encourages students to read two books-The Federalist Papers by John Jay, Alexander Hamilton and James Madison and Alexis de Tocqueville's Democracy in America. PLEASE READ. GET A COPY SOMEHOW.
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