Law and Justice with Antonin Scalia

Justice Antonin Scalia discusses the premise of his book, Making Your Case: The Art of Persuading Judges.

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News & Politics

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• HooverInstitutionUK
• Justice Antonin Scalia
• Supreme Court
• law
• justice
• presenting arguments
• judges
• courts

[imblessedso]

@jpsartrean

 That is bad logic.

[Iobi123]

@jpsartrean, ok thanks.

[jpsartrean]

@Iobi123 What do you mean by 'enacts' abortion? Do you mean require? I would think under Justice Scalia's view, since the Constitution is silent regarding abortion, Congress/the States could enact laws prohibiting abortion just as well as laws actually REQUIRING abortions... I think this would be the only consistent viewpoint...

[Iobi123]

@mandowalt, justice scalia is saying that congress makes the laws. lets say congress made a law that enacts abortion, would he affirm that? i thought he affirmed that under originalism it should be prohibited, but natural law affirms enactment of abortion.

[7beers]

@7beers I apologize and take it back. Seeing the video again, I feel that my original impression of Scalia was wrong.

[promisedeyes]

@joshke17 Even if I disagree with him, and I have many times, I must respect his intellectual honesty and his attention to legal detail. Plus he tries to put that into readable language rather then legalese.

[joshke17]

He stands for a needed antipole for out of control pragmatism. Though i myself am more a pragmatist, but every theory, every point of view needs rationality and reason. And the main motor for this reason to be produced is opposition. That is what Scalia gives and that is why he deserves very much respect.

[USAHistory1]

I agree with Scalia when he says here that abortion was criminalized for 200 years, so don't find a protected right. Yet when no gun law had ever been invalidated by a federal court for 200+ years, Scalia decides to invalidate 2 local laws.based on "originalism".

"intent was to guarantee the right of states to form militia, not for individuals to bear arms." Robert "Bork Says State Gun Laws Constitutional," LA Times, 3/15/,89. J.P.Steven's dissent in Heller was also "originalist".

[USAHistory1]

"Originalism" is no barrier to subjectivity. In the two recent gun cases Scalia took the power out of elected officials hands and gave it to the courts.

"Never in history has a federal court invalidated a law regulating the private ownership of firearms on Second Amendment grounds.." Former Dean of the Harvard Law School 1946-1967, Erwin Griswold, Washington Post, November 4, 1990

200 years but Scalia and crew have it all figured out now. LOL

[dragan221]

@MrWsad Being rigid in the interpretation of the constitution IS being impartial. Changing the interpretation based on day to day whims like the liberal judges are in favor of doing is not impartial because it depends on the political opinions of the judge.