Justice Scalia defends view of the Constitution
Posted April 10, 2012 at 10:56 pm in News
U.S. Supreme Court Justice Antonin ScaliaÂ discussed his philosophy of Constitutional originalism and how it can be applied to modern cases at the Gould School of Lawâs 2012 Justice Lester W. Roth Lecture on Tuesday.
Scalia explained originalism as interpreting the Constitution as the framers intended it, instead of reading new meaning into the document.
His ideological opponents believe the Constitution is a living document that changes over time to reflect an evolving society.
âThe living Constitution â I hate it,â Scalia said. âThe enduring Constitution, that is what Iâm defending.â
One of the key pieces of logic behind his philosophy, Scalia said, is that scholars donât read new meaning into the text of other historical documents or pieces of literature.
âWhen we read Shakespeare, we have a glossary,â Scalia said. âWe donât think the words have changed there, so why do we think they have changed in the Constitution?â
The Justice, however, said he sees why his opponents wish to believe the Constitution can change.
âItâs a very seductive philosophy,â Scalia said. âItâs wonderful to think whatever you are passionate about â abortion, the death penalty, homosexual sodomy â is in the Constitution.â
Though that perspective can be tempting, it would distort the objectivity of the Supreme Court, he said.
âIf you find what the original meaning of the Constitution is, I am handcuffed,â Scalia said. âI cannot do the nasty conservative things I would like to do to the people.â
A loose interpretation of the law is a recent phenomenon, Scalia said. He said this philosophy allowed justices starting with the Warren Court to tamper with the meaning of the law while still appearing objective.
âIn the old days, they distorted the Constitution in the good old-fashioned way â they lied about it,â Scalia said.
While few lawyers or judges have as strong of a view of originalism as Scalia, many said his beliefs have still made an impact on the profession.
âThere is no other justice who has had as much influence on the way we lawyers see the law,â Dean Robert Rasmussen of the Gould School of Law said.
Students also said hearing Scalia defend his school of thought in person was a valuable experience.
âI donât necessarily agree with him, but it was great to hear about originalism from one of the leaders of that school of thought,â law student Danielle Warner said.
Not all students in the audience, however, had such a positive viewpoint.
âI think it is troubling to have such a rigid, black and white perspective on issues, especially for someone who is supposed to be inherently objective,â law student Blanca Hernandez said.
Despite some disagreement with Scaliaâs strong beliefs, most appreciated the opportunity to hear from such a prominent figure.
âItâs really cool USC Gould School of Law attracts Supreme Court justices, but at the same time he makes it sound so easy,â law student Ryan McDonald said.
Though many may disagree with his philosophy, Scalia said he remains a strong originalist because of what is really important: protecting the meaning of the Constitution.
âWhatâs the use of adopting a Bill of Rights if it doesnât mean anything except what future generations want it to mean?â Scalia said.