Antonin Scalia Quotes
Now the Senate is looking for 'moderate' judges, 'mainstream' judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?
Antonin Scalia, U. S. Supreme Court Justice, Address to Chapman University students in 2005
Sourced by: Eigen's Political and Historical Quotations
He uses the term, “Non-interpretivism”, in a judge’s decision to indicate a judge who does not accept the interpretation of the Constitution as written and intended by the framers. His bias is a conservative one and this is how he views decisions that he does not like. When liberals see an opinion with which they do not agree, they also very often accuse the judge of activism and not adhering to the framer’s intentions. Generally it is a question of “whose ox is gored?”
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
This was more than a general observation at the time. Elena Kagan had just gone through difficult and extended Senate confirmation hearings to be a Justice of the Supreme Court. She was confirmed but there was a substantial Conservative opposition to her on the grounds that she had not served as a judge, although she had appeared as an attorney in many cases and as Solicitor General of the United States she argued cases before the Supreme Court. To many it was surprising that a sitting justice would so currently take a public position which could be interpreted as criticizing one wing of Congress, especially since that wing had been criticized for just playing petty politics and having no real substantive issues.
There are some Americans who believe that the courts should look to the original intent of the framers of the Constitution to determine the constitutionality of a law. Most jurists believe that original intent is but one factor that should influence the decision.
From this quotation, {615902} and {615901} it is clear that the framers of the Constitution intended the treaty making powers to be shared by the President and the Senate. In practice, in modern times treaties are usually initially negotiated by diplomats under the supervision of the President and the Senate gets to concur or not in the ratification process. However, there have been a number of treaty failures including the League of Nations where the lack of coordination has resulted in a situation where the Senate had to accept or reject something which the President had negotiated and the Senate rejected the treaty.
This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
Antonin Gregory Scalia was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the Supreme Court's history. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor.
