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Justice Scalia: Tenured Fox in the Democratic Hen-House? Cover

Justice Scalia: Tenured Fox in the Democratic Hen-House?

By: Jane Marriott  
Open Access
|May 2017

Abstract

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 of judicial motives too since there is as much danger to democracy posed by the tenured fox as by the incumbent one.

DOI: https://doi.org/10.1515/bjals-2017-0004 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 41 - 57
Published on: May 19, 2017
Published by: Birmingham City University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2017 Jane Marriott, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.