Tribute: Supreme Court Justice Antonin Scalia

by
posted on March 10, 2016
scalia.jpg

Longtime U.S. Supreme Court Justice Antonin Scalia, a stalwart defender of the U.S. Constitution and author of the critically important majority opinion in the District of Columbia v. Heller case, passed away on Feb. 13 at the age of 79. 

When Justice Elena Kagan was dean of Harvard Law School, she explained Justice Scalia’s monumental influence: “His views on textualism and originalism, his views on the role of judges in our society, on the practice of judging, have really transformed the terms of legal debate in this country.” In short, “He is the justice who has had the most important impact over the years on how we think and talk about law.”

Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense. That decision was made possible not just by what Justice Scalia did in 2008, but by a career dedicated to defending the Constitution.

As a law professor at the University of Virginia and the University of Chicago, as a judge on the D.C. Circuit Court of Appeals, and then for 30 years as a justice of the U.S. Supreme Court, Antonin Scalia was guided by two complementary principles: textualism and originalism.

“Textualism” means that whenever courts interpret any legal document—a Constitution, a statute or a contract—judges should consider first and foremost the precise words of the document. So in Heller, Scalia observed that the Second Amendment protects “the right of the people.” 

Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense.

He explained that the exact same phrase also appears elsewhere in the Bill of Rights: in the First Amendment, “the right of the people peaceably to assemble;” in the Fourth Amendment, “the right of the people to be secure” from unreasonable searches and seizures. In the First and Fourth amendments, everyone agrees that “the right of the people” refers to an ordinary individual right belonging to all Americans. Thus, the text of the Constitution shows that the Second Amendment is clearly an individual right for all Americans.

Justice Scalia’s other guiding principle was the original public meaning of the Constitution. 

What did a given constitutional provision mean to the American people when they ratified it and made it “the supreme law of the land”? Justice Scalia did not invent originalism, an interpretive technique that is as old as the Constitution. But when President Ronald Reagan nominated Scalia in 1986, originalism had been in eclipse for decades. Supposedly, originalism was old-fashioned and outdated.

Over the course of the next three decades, Justice Scalia would explain that originalism, while not perfect, is the best method for judges to discern and enforce the law that the people created and to guard against judges arbitrarily imposing their own policy preferences under the guise of legal interpretation.

Justice Scalia’s majority opinion in Heller cited a mountain of public evidence that Americans in the Founding Era and the Early Republic understood the Second Amendment to guarantee an individual right. In dissent, Justice Stevens had little to work with, and he was reduced to arguing that even if the Second Amendment protects an individual right, it should yield to whatever the government considers necessary for public safety. The majority rejected that approach. “[T]he enshrinement of constitutional rights,” Scalia wrote, “necessarily takes certain policy choices off the table.”

Unlike some previous Supreme Court justices, Scalia was neither pompous nor aloof. A father of nine and a grandfather of 28, he told young lawyers that there is more to life than work, and they should remember their duties to family and community.

Justice Scalia was not only an ardent and brilliant defender of Second Amendment rights, he exercised that right as a marksman and avid hunter. Indeed, his sudden death, which stunned all those who cherish our guaranteed civil rights, occurred while he was on a hunting trip.

If our Second Amendment endures into the 22nd century, Justice Antonin Scalia will deserve much of the credit, and he will be studied and emulated by judges and law students. Today, we can be thankful for the legacy of a great justice and an exemplary man. 

Latest

Ruger’s Generation II American Rifle shown with riflescope on wood with ammunition dynamic quartering angle spiral barrel gray stock
Ruger’s Generation II American Rifle shown with riflescope on wood with ammunition dynamic quartering angle spiral barrel gray stock

Raising The Bar: Ruger’s Generation II American Rifle

Ruger’s original and well-regarded American Rifle line has been joined by a second-generation family that takes the bolt-action platform to new levels through a series of practical, attractive enhancements.

Springfield Armory Offers 2024 M1A Gear Up Promotion

Customers who purchase a new Springfield Armory M1A rifle between Sept. 1, 2024, and Dec. 31, 2024, are eligible to receive two 20-round magazines and an M1A scope mount for free as part of the Gear Up promotion.

The Armed Citizen® Oct. 7, 2024

Read today's "The Armed Citizen" entry for real stories of law-abiding citizens, past and present, who used their firearms to save lives.

Scope Leveling On A Budget

A level scope is vital for precision shooting as it ensures that any windage or elevation adjustments made actually work the way they’re supposed to.

Preview: Wyoming Sight Drifter

Adjusting the fit of iron sights in their dovetails typically requires complex jigs or a hammer, punch and gun cradle, which can be awkward to handle or take to the range.

Walther Brings Back Its Classic PP

When it was first introduced in 1929, the Walther Arms PP was revolutionary. Now, this venerable classic is back in production for the first time in nearly 25 years.

Interests



Get the best of American Rifleman delivered to your inbox.