On Wednesday, October 28, 2015, Supreme Court Justice Hon. Antonin Scalia visited Santa Clara University. As part of his visit, Justice Scalia gave special lectures to the Law School community.
SFGate reported a summary and photos of the event:
After dissenting from two of the most important rulings in the 2014-15 term — one legalizing same-sex marriage, the other upholding federal insurance subsidies under the national health care law — Scalia said Wednesday the court has long had a majority of justices who disregard the Constitution’s text and original meaning if it conflicts with their views.
“The whole time I have been on my court, it has been a liberal court,” said the 79-year-old justice, appointed by President Ronald Reagan in 1986 and part of a majority of Republican appointees throughout his tenure.
Scalia said the court’s promotion of what he derisively called the “living Constitution” began in the 1920s, when justices interpreted the guarantee of due process of law to protect fundamental rights not mentioned in the constitutional text.
San Jose Mercury News also posted a recap of the event, providing additional quotes from the evening.
If there was one phrase Supreme Court Justice Antonin Scalia could eliminate from our vocabulary, it would be “living constitution.”
“God, I hate that phrase,” Scalia said. “I prefer ‘enduring Constitution.’ “
Scalia spoke to a full house at Santa Clara University on Wednesday, a place familiar to the nearly 30-year Supreme Court Justice. He and his wife, Maureen, got married in the chapel on the campus, he noted, and one of his sons graduated from the university in the late 1980s.
Supreme Court Justice Antonin Scalia smiles as he speaks during an appearance at UC Hastings in San Francisco, Calif., on Friday, Sept. 17, 2010. (Ray
Supreme Court Justice Antonin Scalia smiles as he speaks during an appearance at UC Hastings in San Francisco, Calif., on Friday, Sept. 17, 2010. (Ray Chavez/Staff) (RAY CHAVEZ)Supreme Court Justice Antonin Scalia Speaks at UVa
WCAV – Charlottesville, VAScalia did not shy away from making jokes. But he was also more than willing to tackle justice and constitutional law in America, speaking frankly about whether the Constitution had flexibility in its interpretations. Scalia identifies as an “originalist,” meaning he interprets the Constitution in terms of what the viewpoints were at the time of its inception and not those of today. He also opened up about major Supreme Court decisions he was a part of, including those involving abortion, the death penalty and same-sex marriage.
“For Pete’s sake, (the Constitution) is a legal document,” he said. “It means what it says and it doesn’t mean what it doesn’t say.
“People don’t say anymore, ‘It’s unconstitutional,’ ” he added. “Instead, anything you hate should be prohibited and anything you love should be supported by the Constitution. I don’t know where this comes from.”
@SCUNews, Santa Clara University’s official news network, received special permission to live-tweet the event.
Justice Scalia starting talk on "defining difference" on the Supreme Court: what we think we are doing when we interpret the Constitution.
— SCU News (@scunews) October 29, 2015
Justice Scalia is an "originalist," he says. #SCOTUS #SCULAW
— SCU News (@scunews) October 29, 2015
#SCOTUS Justice Scalia hates the phrase "living document" to refer to Constitution. "I would prefer an enduring Constitution."
— SCU News (@scunews) October 29, 2015
"It's bad enough lawyers and law professors talk that way..,now it's trickled down to the people." Scalia on calling Constitution "living."
— SCU News (@scunews) October 29, 2015
You want to abolish the death penalty? Persuade voters to vote for it. Don't seek answer in "flexible" Constitution, says #SCOTUS Scalia.
— SCU News (@scunews) October 29, 2015
Another fallacy of "living Constitution" is it will produce greater freedom. #SCOTUS's Scalia.
— SCU News (@scunews) October 29, 2015
It's very hard to convince Joe Sixpack or even judges that everything they care about is not actually protected by the Constitution: Scalia
— SCU News (@scunews) October 29, 2015
I have a wife who is very conservative. She stops me from sliding to the left. #SCOTUS's Scalia at #SCULAW event.
— SCU News (@scunews) October 29, 2015
Current #SCOTUS decided same-sex for entire country yet 4 judges from NY, 1 from NJ, 2 from CA, 1 from South, 1 "flyover country;" Scalia.
— SCU News (@scunews) October 29, 2015
"I don't agonize at all," over most decisions before #SCOTUS, says Scalia. Most agonizing cases shouldn't be decided there, he says.
— SCU News (@scunews) October 29, 2015
Prof. Joondeph says Scalia brought a lively questioning to what used to be a "quiet court" during oral arguments. #SCOTUS #SCULAW
— SCU News (@scunews) October 29, 2015
"I will take credit for the fact that we use legislative history a lot less," in deciding intent of laws, says Scalia at #SCULAW event.
— SCU News (@scunews) October 29, 2015
"Last term I dissented in a 5th of the cases, more than I’ve done in my 30 years on the court," Scalia at #SCULAW event.
— SCU News (@scunews) October 29, 2015
A big case before #SCOTUS? One is on whether labor unions can compel dues from those who don’t want to be members, says Scalia #SCULAW
— SCU News (@scunews) October 29, 2015
Some people want #SCOTUS proceedings to be televised. They don't want to educate the American people, they want to make money, says Scalia.
— SCU News (@scunews) October 29, 2015
Citizens United decision question from the audience. "Get over it," says Scalia to laughter. #SCULAW #SCOTUS
— SCU News (@scunews) October 29, 2015
"We've always given First Amendment rights to associations of individuals," Scalia at #SCULAW event.
— SCU News (@scunews) October 29, 2015
"We've always given First Amendment rights to associations of individuals," Scalia at #SCULAW event.
— SCU News (@scunews) October 29, 2015
No manner of execution is more cruel than those accepted at the time the 8th Amendment ratified, e.g., hanging, says Scalia. #SCULAW #SCOTUS
— SCU News (@scunews) October 29, 2015
I didn't criticize Kennedy's "highly philosophical opinion," in same-sex marriage, just those who joined it, says Scalia. #SCOTUS #SCULAW
— SCU News (@scunews) October 29, 2015
I write my dissents for law students, says Scalia. If they are clear, humorous where possible, law profs will put them in their case books.
— SCU News (@scunews) October 29, 2015