The Formalist Crusade of Antonin Scalia

in Desperately Seeking Certainty

Published by University of Chicago Press

Published in print May 2002 | ISBN: 9780226238081
Published online March 2013 | e-ISBN: 9780226238104 | DOI:
The Formalist Crusade of Antonin Scalia

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This chapter describes Antonin Scalia's orginalism, which is distinctive in several respects and is more concerned with restricting judicial lawmaking than with the value of popular sovereignty. It is not believed that Scalia has successfully resolved the internal tensions in his thinking. His recent theoretical writings seem to have reverted to a more simplistic version of originalism. His best-known opinion on the separation of powers is his dissent in a case concerning the constitutional status of the independent counsel. Originalism plays a limited role in some of Justice Scalia's most notable opinions despite its centrality in his thinking about judicial review. Hence, despite his views on originalism, he has tended in practice to invoke entrenched interpretations of constitutional provisions by either the Court itself or by long-standing public consensus.

Keywords: Antonin Scalia; lawmaking; originalism; judicial review; constitutional provisions

Chapter.  10834 words. 

Subjects: Constitutional and Administrative Law

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