Description
Book SynopsisDrawing 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.
Trade ReviewEverything a work of this kind should be. It is comprehensive in its coverage, scrupulously fair to all contending parties, and engagingly argumentative. -- Michael M. Uhlmann Claremont Review of Books 2006 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. -- Keith E. Whittington American Historical Review 2006 O'Neill has provided a rich and compelling account. -- Charles A. Lofgren Journal of American History 2006 Offers a thoughtful historical treatment of originalism within the United States. -- Wayne D. Moore Law and History Review 2007 The work is comprehensive in its coverage, fair to all the contending parties, and argumentative in the best sense of the word... Recommended. Choice 2008 Excellent book... It would be nice to see the return of constitutional history to History proper. And O'Neill has provided a ready vehicle for just such a return. -- George Thomas Law and Politics Book Review 2008 Interesting. -- Dennis J. Golford American Journal of Legal History 2006
Table of ContentsPreface
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
