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Originalism in American Law and Politics

A Constitutional History

Johnathan O'Neill

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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…

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.

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Originalism in American Law and Politics

Johnathan O'Neill

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Reviews

Reviews

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

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.

O'Neill has provided a rich and compelling account.

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

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

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About

Book Details

Publication Date
Status
Available
Trim Size
6
x
9
Pages
296
ISBN
9780801887604
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

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

Author Bio
Johnathan O'Neill
Featured Contributor

Johnathan O'Neill, Ph.D.

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.