Antonin Scalia - Philosophy of an Originalist

[yellowburger]

The constitution was created by men with brains, not gods. And if Scalia believed that somehow the founders brains were beyond his brains, then he was an ideologue. What made the founders smarter than him?

[ericnolle]

It takes a strong person to turn down power, and that's exactly why being an "originalist" is so difficult. Doing the right thing usually is difficult.

[Prformula]

the humility he shows is apparent and admirable

[baristha]

If you don't like the constitution then change it, amend it. But stop asking the justices to deliberately give a misreading of the text just so that you may be more comfortable.

[craxd]

Scalia was correct in what he stated. There are set procedures to propose and make new law in the US. If a majority of like-minded people wish for a new law, then you do not seek for a court to make law from the bench. You recruit enough like-minded people, and petition the state legislature or congress to make law. If you disagree with the Constitution, then you go through the procedures to pass an amendment. If you disagree with a new law's constitutionality, then you take that to court. The courts were never designed to make law; only to interpret it, and issue a judgement. The problem, is that minorities want to use the court, and certain judges, to make law from the bench, using the living or fluid constitution myth, because they know that their opinion will never be accepted by a majority of the people, a state legislature, or congress. Minorities always try to do an end run around the rule of law, by doing this, and they select judges based on who they know will do it. That is why the Ninth Circuit is in the shape that it is in, as it is filled with underhanded socialist judges, who spout the fluidity doctrine. It is also why the Ninth's rulings are constantly overturned by the Supreme Court.

[eclecticreader]

As a history research enthusiast, I admire the philosophy of Justice Scalia. To truly appreciate a clause within a law, you must refer to the origins, and when you refer to the origins, you study history. Then, once you have obtained the knowledge of what that clause was intended for, it's very difficult to misinterpret the clause, speculate on how it should be, rather than what it was written for. This is the interconnected beauty of researching the roots of what has been established. It promotes an encompassing knowledge.

[alphablitz]

8:45 "My hope is not to be influential, Mr. Rose. It is to be right, to be faithful to my oath, which is to apply the Constitution."

[adamdonahue]

I disagree with this man, but this video was very enlightening. I love watching him speak. He also spoke in front of Congress about “loving the gridlock”.

[NPs]

Justice Scalia’s intellect and personality were exceptional.

[paulg]

Truly one of the greatest men of our time. We lost a national treasure. We love you Antonin!

[unncommonsense]

I wish that every Supreme Court Justice had the respect for the Constitution that Scalia had.

[ChrisVaz]

"My hope is not to be influential Mr. Rose. It is to be right. To be faithful to my oath"

Any politician or voter that disagrees with this, doesn't deserve the vote. But as Scalia would think, they still have that right.

[TerrierToughGuy]

What a loss his passing was to this country.

[zjevander]

If the founding fathers meant for the Constitution to be a "living, breathing document", then why would they prescribe the process or even mention the concept of Amendments? Why would anybody need to amend anything that is malleable enough to be given to the whims of a justice's personal interpretation? Sounds like the belief of an activist judge looking to bypass constitutional due process...

[dartagnan]

There is something both admirable and touching in Antonin Scalia. Unlike some of his colleagues, he always showed a certain deference to the constitutional text. He knows what his place is and what the place of the citizens is. A respect for principles that forces admiration 👏👏👏

[syxs]

story of my life: I find the most interesting persons not long after they pass. I get to watch all of the amazing work that hey had done, yet will never get to see anything new from them. i'd say it was sad, but these people contributed so much that it is not the case.

[timevampire]

Also one of the pluses is that Originalism should serve as a self-check on judges, who are unelected and serve for life.

[Equalzer]

Now the US has a fully politiced supreme court with justices interpreting text according to their political leanings. I certainly understand the idea behind an originalistic interpretation of the constitution and my eyes have certainly opened a lot after these 14 minutes. His death was a big loss for America.

[lockey]

A giant in thought. Clear, kind, logical.

[panpiper]

Loosing Scalia was a real blow. We are so fortunate that it happened when a Republican president is in office with a Republican majority in congress. We are very likely to get a judge to fill his seat with a similar 'originalist' understanding.