Justice Scalia: Why Should Judges Dictate Natural Law?

Complete video at: http://fora.tv/2009/09/22/Justice_Antonin_Scalia_on_Globalization_and_the_Law

Supreme Court Justice Antonin Scalia argues that the people of a democracy, not judges, should bear the responsibility to decide on issues of natural law like abortion and sodomy. "Why are judges experts on these questions?" he asks. "In democratic political institutions, it's up to the people to decide what they think natural law demands."

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U.S. Supreme Court Justice Antonin Scalia delivers a lecture on the clash between international and state law that is inherent in globalization. He explores historical precedents, and discusses the best and the worst ways of implementing international law. - American Academy In Berlin

Antonin Scalia - 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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[teoeo]

@TriaMaxwell What do you mean by that? I personally think "natural law" is silly, but you obviously think it is based on something other than God. I am curious to know what that is.

[TriaMaxwell]

Anton Scalie needs to stop confusing natural law with his imaginary friend's rules.

[ILikeTheThingsIDo]

@kemar207 Well, reality never lives up to what is considered in theory. This is the promise made in the constitution and I'll be damned if I'll let them dodge that responsibility. It'll never be perfect, but that's not a reason to sit by and let it happen.

[kemar207]

@ILikeTheThingsIDo In theory, you are right that law and the constitution are supposed to protect us. But let's not kid ourselves. People with power do as they please. Laws and consitutions are diluted and bastardized as a matter of routine through the politics of the day and the agendas of the judges and lawmakers who are supposed to be applying it. I'm not saying it's right. It's actually disgraceful and disgusting, but it happens. Power corrupts.

[ILikeTheThingsIDo]

@kemar207 That's how tyranny of the majority works. If the majority decrees you should die, does that make it right?

The German people all got whipped up into frenzy, the majority either supported the nazis or allowed what they did to happen. That is tyranny of the majority and the constitution protects against it by granting all people all rights and a supreme court to insure those rights aren't violated.

[kemar207]

@ILikeTheThingsIDo Isn't that how democracy works? 

[kemar207]

@irrefudiate Reagan

[irrefudiate]

Who in the hell appointed this dumbass to the SCOTUS? No wonder their rulings are so peculiar.

[nicky2coats]

Fuck the people. We hire smart individuals to decide natural jurisprudence for us. Don't be naive, Justice.

[ILikeTheThingsIDo]

People used to think that blacks were naturally inferior to whites and that owning them and teaching them christianity was the way to "save" them. Natural law is often found to be abhorrent a hundred years later. Scalia is going by the argument that if enough people believe it, then it must be true or right.