Home
/
RELIGION & LIBERTY ONLINE
/
Antonin Scalia: True Friend of the Constitution
Antonin Scalia: True Friend of the Constitution
Nov 18, 2024 9:56 AM

Antonin ScaliaOne of the many great things about living in Europe is getting the chance to meet famous Americans visiting the Old Continent. They tend to be more relaxed and accessible than they ever would be in the United States, which means you may actually manage to have a pleasant conversation with them without others trying to jostle their way between you.

It’s an even bigger thrill when you talk with someone you truly admire, which was certainly the case when I met Supreme Court Justice Antonin Scalia at the annual Istituto Bruno Leoni lecture in Turin in 2013.My friends at IBL kindly invited me to the reception and dinner following the lecture, and there I was as the only other American chatting with Justice and Mrs. Scalia.

We talked about his old friend and poker buddy Walter Berns (whose health was ailing, he told me with real concern in his face and voice), the work of the Acton Institute in Rome, and “so-called” social justice, as he put it. I tried to get his views on St. Thomas Aquinas and natural law, but he somewhat facetiously said those were “above his pay grade.”

I say “somewhat facetiously” because, just last month at the Dominican House of Studies in Washington, I had the good fortune to hear his opinions on that very subject. It takes some guts to tell a room full of Dominicans that the Angelic Doctor was wrong, but that’s just what Scalia did in defending his “textualist” approach to the law. He went even further: “I know more about being a judge than St. Thomas!”

Scalia did something similar in his IBL lecture when he said the Supreme Court had erred in imposing free-market preferences in the Lochner v. New York case just as it now errs in imposing statist preferences today. In fact, Scalia was remarkably consistent in following the law where it took him, regardless of his personal opinions of the e, as in the case of flag-burning as protected free speech. If he or anyone else doesn’t like a law, he ought to convince his fellow citizens to change it rather than expect the courts to do that for them.

This is what the rule of law is supposed to look like, of course. Like Berns, Scalia was a fierce opponent of the “living Constitution,” not simply because he was a Catholic or a conservative, but because he was a “good judge,” as he said he would try to be at his confirmation hearings. Like Berns, he believed that the times ought to adapt to the Constitution, rather than the Constitution to the times. For what my less-than-amateur opinion is worth, I agree with Scalia’s understanding of the role of a judge, though I wonder what he thought about the importance of natural law for the legislator.

Unfortunately, I’ll never get another chance to ask him. Challenging one’s convinced free-market or Thomist hosts is a quite a provocative thing to do, but Justice Scalia could pull it off because he was a man of integrity, principle and good humor. The US Constitution and indeed the country could not have had a better friend.Requiescat in pace.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Coolidge and His Foundational Views on Government
Below is an excerpt from an early speech given by Calvin Coolidge to the Algonquin Club in Boston, Mass. in 1915. These remarks are included in a series of speeches Coolidge published in the book, Have Faith in Massachusetts. The speeches primarily deal with his philosophy of government, which because of his emphasis on foundational beliefs, remained consistent. In the excerpt, Coolidge quotes a “Dr. Garman,” who was a professor at Amherst College, in Amherst Mass. Coolidge graduated from the...
The Tragedy of Dutch Compassion
Albert Hahn: Dr. Kuyper's care for the little people (1905)In yesterday’s post I highlighted a pair of articles that cover the transition over the last 120 years or so in the Netherlands from an emphasis on private charitable giving to reliance upon the welfare state. In some ways this story mirrors a similar transformation in American society as described by Marvin Olasky in his landmark book, The Tragedy of American Compassion. Olasky’s work does double-duty, however, not only chronicling this...
The Nobility and Greatness of Work
May 1st was the Feast of St. Joseph the Worker on the Catholic calendar, and in 2005, Pope Benedict XVI offered a short reflection on human labor when speaking to construction workers (via Whispers in the Loggia): I’m taken in mind to how, in the New Testament, in the profession of Jesus before his public ministry, the word “tecton” appears, which we translate as “carpenter,” because then homes were mostly homes of wood. But, more than a “carpenter,” it’s an...
Samuel Gregg: Europe’s Right in Disarray
France elected a new president yesterday, the socialist Francois Hollande who has vowed to rein in “Anglo-Saxon” capitalism and dramatically raise taxes on the “rich.” Voters turned out Nicholas Sarkozy, the flamboyant conservative whose five-year term was undermined by Europe’s economic crisis, his paparazzi-worthy lifestyle and bative personality. But Sarkozy’s defeat exposes “a crisis of identity and purpose that presently afflicts much of Europe’s center-right,” according to Acton Research Director Samuel Gregg in a new analysis on The American Spectator....
Our National Debt is a Loan from Future Generations
Why do democracies struggle with debt? One reason, as John Coleman notes, is that one of the problems is that debt is essentially an intergenerational wealth transfer: Debt can often be seen, essentially, a loan from future generations to the current generation. In a democracy, some of the least represented individuals are the young or those from future generations. Young people vote less. They donate and volunteer less. And their concerns — 20, 30, or 40 years in the future...
The Inhumane Wendell Berry
“Can one have an off day in giving the Jefferson Lecture (an off week or month in writing it)?” asks Matthew J. Franck in reference to the recent NEH honor afforded to agrarian Wendell Berry. “I’d like to think so. For judging by the text of the lecture Berry gave in Washington at the beginning of this week, his thinking can be fairly repellent.” Titled “It All Turns on Affection,” his lecture is chiefly a catalogue of Berry’s hatreds. He...
Audio: Sirico Speaks in Kansas
Rev. Robert A. Sirico, President of the Acton Institute, was in Overland Park, Kansas on April 27th to address an audience of local Acton friends and supporters. His topic was “The Moral Adventure of the Free Society.” For those who attended and would like to listen again, or for those who weren’t able to be there personally, the audio of his address is available via the audio player below. [audio: ...
U.S. Federal Budget Debate Highlights Catholic Social Teaching
Current debates surrounding the U.S. federal budget have turned the spotlight on subsidiarity, solidarity and mon good, all aspects of Catholic social teaching. In an article by the Catholic News Service’s Dennis Sadowski, Acton research fellow and director of media Michael Matheson Miller said, “The principles are there. They are to guide us and we are to pay attention to them. You have to affirm those principles. Where Catholics are going to disagree is in the prudential implementation of them.”...
The Free Enterprise Values of Burning Man
Each year tens of thousands of mostly underdressed people spend weeks hanging out in the Nevada desert in an “annual experiment in munity dedicated to radical self-expression and radical self-reliance.” If you’re like me, the first thing es to mind when you hear about the Burning Man festival is . . . hippies. Lots and lots of hippies. But Burning Man isn’t a hippie festival. (Really, it’s not.) In fact, underneath it all, says the festival’s co-founder, Larry Harvey, is...
Loving God Should Liberate Generosity
For Christians giving is not about equations and intensives, says Peter Heslam, it’s about a spontaneous response to the grace of a lavishly generous God: In Cape Town in 2010, this response inspired the launch of a campaign to encourage a global culture of Christian generosity. The Global Generosity Network is now establishing resources and local networks, helped by leading entrepreneurs. Such entrepreneurs understand that wealth distribution relies on wealth creation – their business thinking and practical skills generates wealth...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved