The Twenty-First Amendment versus the Interstate Commerce Clause

1946 ◽  
Vol 55 (4) ◽  
pp. 815
Keyword(s):  
First Amendment ◽  
Interstate Commerce ◽  
Commerce Clause

An Inconsistent Jurisprudence: The Doctrinal Spectrum

2020 ◽  
pp. 93-136
Author(s):  
Edward A. Jr. Purcell
Keyword(s):  
Affirmative Action ◽  
First Amendment ◽  
Free Speech ◽  
Fourteenth Amendment ◽  
Commerce Clause ◽  
Constitutional Jurisprudence ◽  
The U.S

This chapter explores Justice Antonin Scalia’s constitutional jurisprudence across the broad range of issues he addressed. The chapter shows that he contradicted his originalist jurisprudence in interpreting the First Amendment (both its free speech and religion clauses) as well as the Fourth, Fifth, and Eleventh Amendments, and that he did the same in construing a variety of other constitutional doctrines including those involving standing, the treaty power, affirmative action, the Commerce Clause, the Fourteenth Amendment, and the U.S. Supreme Court’s own appellate jurisdiction. The chapter argues that he frequently twisted, ignored, and abandoned his jurisprudential principles and methodologies he proclaimed and that the principal consistency his decisions and opinions reveal was his commitment to his own ideological goals and values.

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