Originalism in American Law
A Constitutional HistoryBook - 2007
This is a paperbound reprint of a 2005 book. The originalist conception holds that the intent of the law giver is the law. It is rooted in long-standing principles of Anglo-American constitutionalism, but O'Neill (history, Georgia Southern U.) is not as interested in its origin and early history as in why it became so attractive after the 1960s. He looks at both the politics and the constitutional prudence behind its recent surge in popularity. Annotation ©2008 Book News, Inc., Portland, OR (booknews.com)
Johns Hopkins University Press
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.