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. 

Originalism in American Law and Politics: A Constitutional History (The Johns Hopkins Series in Constitutional Thought)

During the Progressive Era (1880-1920), leading thinkers and politicians transformed American politics. Historians and political scientists have given a great deal of attention to the progressives who effected this transformation. Yet relatively little is known about the conservatives who opposed these progressive innovations, despite the fact that they played a major role in the debates and outcomes of this period of American history. These early conservatives represent a now-forgotten source of inspiration for modern American conservatism. This volume gives these constitutional conservatives their first full explanation and demonstrates their ongoing relevance to contemporary American conservatism.

Toward an American Conservatism: Constitutional Conservatism during the Progressive Era

The irreducibly constitutional nature of the Civil War’s prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The contributors examine key constitutional developments leading up to the war, the crucial role of Abraham Lincoln’s statesmanship, and how the constitutional aspects of the war and Reconstruction endured in the late nineteenth and early twentieth centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington’s conception of the Union and his fears for its future to Martin Van Buren’s state-centered, anti-secessionist federalism; from Lincoln’s approach to citizenship for African Americans to Woodrow Wilson’s attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the war and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.

Constitutionalism in the Approach and Aftermath of the Civil War (The North's Civil War)

Georgia Southern University is the state’s largest and most comprehensive center of higher education south of Atlanta. With 142 degree programs at the bachelor’s, master’s and doctoral levels, Georgia Southern has been designated a Carnegie Doctoral/Research university and serves more than 27,000 students from all 50 states, Washington D.C., and Puerto Rico as well as 102 nations. With three vibrant campuses — the Armstrong Campus in Savannah, the Statesboro Campus and the Liberty Campus in Hinesville — Georgia Southern offers an attractive campus environment that encourages learning, discovery and personal growth. Georgia Southern’s nationally accredited academic programs prepare diverse scholars for leadership and service as world citizens. A unit of the University System of Georgia, the University boasts 200-plus student organizations, outstanding Division I athletics, and state-of-the art residence halls and campus facilities.

Since 1906, the University’s hallmark has been a culture of engagement that bridges theory with practice, extends the learning environment beyond the classroom, and promotes student growth and life success. Central to the University’s mission is the faculty’s dedication to excellence in teaching and the development of a fertile learning environment exemplified by a free exchange of ideas, high academic expectations, and individual responsibility for academic achievement. Faculty, staff, and students embrace core values expressed through integrity, civility, kindness, collaboration, and a commitment to lifelong learning, wellness, and social responsibility.

Johnathan O'Neill

Georgia Southern University

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GSU professor to speak at Supreme Court