Current Affairs


Wednesday, December 9, 2009

An American Original: the Life And Constitution of Antonin Scalia

by Joan Biskupic
"The legal affairs correspondent for USA Today examines the life and legal philosophy of the Supreme Court's most colorful, combative and controversial Justice.Antonin Scalia did not invent the doctrine of originalism, but he has been its most prominent practitioner during his 22 years on the Court. Rejecting the notion of a so-called "living" or "evolving" Constitution and disparaging the influence of international law, Scalia has emerged as a conservative champion, decrying the meddlesome ways of Court colleagues "busy designing a Constitution for a country I do not recognize." Skeptical about the authority, indeed, the capacity of judges, Scalia prefers a legislative resolution of democracy's contentious issues—abortion, affirmative action, etc.—and takes a broad view of executive power. Fluently discussing the cases he has authored and those in which he has famously dissented, Biskupic (Sandra Day O'Connor, 2005) sets out the origins of Scalia's judicial philosophy and explains its increasing influence. The book's real charm, however, lies in her treatment of the man. She traces the important influences on Scalia—the lessons from his immigrant parents, the centrality of his Catholic faith, the early professional experiences in the Nixon justice department—and offers a portrait of a man quite unlike any
other judge" (Kirkus Reviews)


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