Justice Antonin Scalia: The US Constitution is 'Dead'

Complete video at: http://fora.tv/2009/02/23/Uncommon_Knowledge_Antonin_Scalia

U.S. Supreme Court Justice Antonin Scalia rejects the judicial notion of a 'living' Constitution that can be interpreted to account for social changes in American society, an idea he describes as "unfortunate." "The Constitution that I interpret and apply is not living, but dead," says Scalia.

This program was recorded as a part of the Hoover Institution's interview series, Uncommon Knowledge.

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The Constitution "is not living, but dead." With these words Associate Justice Scalia sums up how he believes we should think about the Constitution -- a way of thinking that underpins the theory of "originalism" which guides his approach to cases that come before the Supreme Court.

In expounding on originalism, Scalia takes the Court to task on past decisions, including Roe v. Wade, and measures just how far the Court can and should go in reversing these mistakes - Hoover Institution

Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. He received his A.B. from Georgetown University and the University of Fribourg, Switzerland, and his LL.B. from Harvard Law School, and was a Sheldon Fellow of Harvard University from 1960-1961. He was in private practice in Cleveland, Ohio from 1961-1967, a Professor of Law at the University of Virginia from 1967-1971, and a Professor of Law at the University of Chicago from 1977-1982, and a Visiting Professor of Law at Georgetown University and Stanford University. He was chairman of the American Bar Association's Section of Administrative Law, 1981-1982, and its Conference of Section Chairmen, 1982-1983. He served the federal government as General Counsel of the Office of Telecommunications Policy from 1971-1972, Chairman of the Administrative Conference of the United States from 1972-1974, and Assistant Attorney General for the Office of Legal Counsel from 1974-1977. He was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat September 26, 1986.

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[cyberpolice9000]

"Living Constitutionalist" = Judiciaries usurping the power of the legislature

SCALIA IS RIGHT

[cyberpolice9000]

@haldonrichardson1

Typical liberal Scalia opponent who can't distinguish his/her own perception of immorality from the Constitution. Citizens United? Yes, of course liberals don't want corporations to support presidential candidates (except for LIBERAL MEDIA CORPORATIONS, of course), that would be downright undemocratic. Thank the FSM you're not on the Supreme Court.

[sjr341]

A "living constitution" does not exist. The Constitution is not meant to facilitate change. The Constitution is to be thought of as a deed to property. It stands firm and is not for sale. Sorry, move on.

[haldonrichardson1]

Think about this: Each citizen in our republic now has one vote. Each person has one voice. Each person is guaranteed freedom of speech. Where in the US Constitution does it say that money = speech?? It does not. This right wing activist court, in an effort to afford their political cronies more power, equates money with speech: someone with more money to have more speech. We need to amend the constitution to make it a felony to contribute more than $1 to a candidate for any office.

[MrRrrrrrryyyy]

The constitution is so dead, it's just a relic for the sheeple to feel good about. Even in Rome once the ceasars were firmly in power the people thought they were still free. They had a senate and all the stuff they had when they were a republic. I think were about a decade away from the point of no return. Can we survive 16 years of Bush and Obama? Get rid of the CIA, IRS and all these other parasitical bureaucracy and maybe we have a chance. Also the fed has got to go.

[writersblock26]

Thank you for posting this, ForaTv.

[boddhizattva]

Scalia speaks from the perspective of a constitutional originalist and from that perspective he is extremely consistent but that is a primary reason he chooses that path - consistency with the original reading of the text. Otherwise you get a situation of interpretation from 9 people who were not elected and have life time appointments.

[haldonrichardson1]

This pontificating gas bag is the single most activist judge in history. His activist decision to trump the Florida State Supreme Court and Citizens United are right up there with Dred Scott and Plessy v. Ferguson for elitist, undemocratic activism. Scalia is an enemy of the United States. Case closed.