A Conversation With Justice Scalia: The Leader of the Conservative Cause

By Jessica Austin | 03/10/09 | 09:08 PM EDT | 0 Comments

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Yesterday I had the distinct honor and "privilege" to attend a private event with Supreme Court Justice Antonin Scalia and the infamous Kenn Starr at Pepperdine University's Law School.  "Since my life revolves around politics, I have attended countless political events and have met many famous Republicans. "However, few things could ever come close to attending something with not only a Supreme Court Justice, but Antonin Scalia at that."

It is hard for anybody who does not study government, and specifically constitutional law, to really be able to appreciate the brilliant mind that is Justice Scalia. "I highly suggest for all of our readers to purchase his book" A Matter of Interpretation: Federal Courts and the Law.

It is geared towards the non-lawyer crowd, thus, it's easy for anybody to understand. "I would say it is a must read for any conservative-- truly."

The event was about 1 hour and 30 minutes long and was truly a "conversation" with the Justice. Ken Starr did an excellent job at deciphering through the various questions asked by the audience (via notecards) to really get a broad understanding and view of Justice Scalia, his train of thought, and the more well known cases in a very laid back atmosphere. "Not only was Scalia thoroughly engaging and entertaining; he has an amazing personality and sense of humor."

As someone who has studied various Supreme Court Justices and cases, it was very interesting to hear his take on the great divide between the conservative and liberal judges. "And perhaps his explanation best explained the stark divide." He claimed the difference in opinion didn't really have to do with differing political philosophies, but rather a disagreement on the purpose of their job and what they are doing. "Thus, the divide begins with a disagreement over the very notion of their duty."

Some people are aware that the liberals on the Court tend to think that the Constitution is a "living, breathing" document that constantly changes to fit each generation. "The conservatives, of course, tend to be originalists who believe the Constitution is not a changing document and interpretation thereof should take into consideration the original meaning, purpose, and sometimes intention of the document (this is where Scalia's theory, textualism, just proves his brilliance)."

Scalia made an important observation that if indeed the Constitution was a "changing document" that can grant new freedoms based upon each generation and their will- it can also take away previous freedoms. The left's idea that the Constitution should constantly evolve and "progress" as society moves ahead is exactly what concerned the Founders. "If the Founders truly believed society would only progress, there would have been no need for a Bill of Rights!" Scalia made a great example when he said the Constitution is not an empty bottle in which each generation can pour their interests in it.

Lastly, another great point he made that I will share with you, is that his biggest concern for the future of America and our liberties is the federal judiciary, specifically us becoming more like the bureaucratic federal judiciary in Europe. Â Moreover, the danger of the legislature, which even the Founding Fathers knew could be the most tyrannical and dangerous of the three branches-- not the Executive or the Judicial (hence, this is why we have two Houses of the legislature):

"But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions..." (Madison, Federalist Papers #51)

If you think about what is going on today in Congress, Madison's biggest fear seems to be coming true. "It never ceases to amaze me the wisdom and predictions of our Founding Fathers." It is truly people like Justice Scalia who preserve and protect the very principles, truths, and documents this country was founded on. "Justice Scalia is a true conservative in every sense of the word; and it is leaders like him that give me faith in the conservative movement."

 

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