Justice Scalia : Tenured Fox in the Democratic Hen-House? / Marriott, Jane.
In: British Journal of American Legal Studies, Vol. 6, No. 1, 19.05.2017, p. 41-57.Research output: Contribution to journal › Article › peer-review
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Justice Scalia : Tenured Fox in the Democratic Hen-House? / Marriott, Jane.
In: British Journal of American Legal Studies, Vol. 6, No. 1, 19.05.2017, p. 41-57.Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Justice Scalia
T2 - Tenured Fox in the Democratic Hen-House?
AU - Marriott, Jane
PY - 2017/5/19
Y1 - 2017/5/19
N2 - This paper examines Justice Scalia’s approach to campaign finance adjudication, in particular his skepticism of legislative motive. Three distinct strands of skepticism are identified: power-grabbing, incumbent-bracing and speech-preventing. As regards democracy Justice Scalia is identified as being caught in definitional dilemma whereby his campaign finance jurisprudence appears to serve a particular vision of democracy, which is, itself, the identifiable creature of his approach to constitutional adjudication. Ultimately, it is argued that, whilst a liberal dose of mistrust of government might well be warranted in cases concerning the devices of democracy, in the task of scrutinising campaign finance regulation and reform, a strong argument emerges for suspicion ofjudicial motives too since there is as much danger to democracy posed by the tenured fox as by the incumbent one.
AB - This paper examines Justice Scalia’s approach to campaign finance adjudication, in particular his skepticism of legislative motive. Three distinct strands of skepticism are identified: power-grabbing, incumbent-bracing and speech-preventing. As regards democracy Justice Scalia is identified as being caught in definitional dilemma whereby his campaign finance jurisprudence appears to serve a particular vision of democracy, which is, itself, the identifiable creature of his approach to constitutional adjudication. Ultimately, it is argued that, whilst a liberal dose of mistrust of government might well be warranted in cases concerning the devices of democracy, in the task of scrutinising campaign finance regulation and reform, a strong argument emerges for suspicion ofjudicial motives too since there is as much danger to democracy posed by the tenured fox as by the incumbent one.
U2 - 10.1515/bjals-2017-0004
DO - 10.1515/bjals-2017-0004
M3 - Article
VL - 6
SP - 41
EP - 57
JO - British Journal of American Legal Studies
JF - British Journal of American Legal Studies
SN - 2719-5864
IS - 1
ER -