New England School of Law
Federalist Society

New England School of Law
Federalist Society

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Boston, MA 02116

The New England School of Law Federalist Society Blog is a weblog written and managed by students at New England School of Law in Boston. The views expressed here reflect the views of the authors alone, and do not necessarily reflect the views or official positions of New England School of Law or its affiliates or the Federalist Society for Law and Public Policy Studies and its affiliates.

Sunday, April 24, 2005

"Constitutional Interpretation" by Justice Antonin Scalia

C-SPAN has a wonderful talk by Justice Scalia on Constitutional Interpretation. (Requires RealPlayer).

Justice Scalia, an originalist, points out that an originalist view of constitutional interpretation was once the orthodoxy but today has fallen out of favor among judges, lawyers, and law professors. Today, "we are in the age in which [all of us] have learned that the constitution changes." That is not so, stated Justice Scalia. Justice Scalia used N.Y. Times v. Sullivan as an example of the Living Constitution movement in action.

Justice Scalia criticized the doctrine of substantive due process because he argues that it is improper for the Supreme Court to announce those rights which are fundamental that no amount of process will be sufficient to take them away.

Justice Scalia summed up the Living Constitution movement by stating, "All the Living constitution assures you, is that what will happen is what the majority want to happen." I could not agree more.