Antonin Scalia Quotes
What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional?
Scalia, Antonin. Dissenting opinion. Board of County Commissioners, Wabaunsee County v. Umbehr, 518 U.S. 668, Supreme Court of the United States, 28 June 1996.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
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.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
It is argued whether Scalia’s problem was that the Supreme Court was doing something new or radical or the country had changed. He had certainly lived through the greatest transformation of any society and culture on earth at a pace of change that far exceeds anything that has occurred before. Scalia is one who believes that the Constitution should not be interpreted in recognition of these changes, but should be immutable as it was written for the late 18th century. Most judges and legal scholars disagree and try to interpret the Constitution as the founders would have intended, knowing what we know, having the tools and powers we have, and facing the problems of the modern world. It represents a major legal and philosophical debate.
The president was asked if he supported the Supreme court's school desegregation decision:
Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow forces however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587915} & {587914}.
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.
