Justice Scalia on Constitutional Interpretation

Today I attended a public address by the Honorable Antonin Scalia, Associate Justice of the Supreme Court of the United States. Justice Scalia spoke in Albuquerque New Mexico, at an event co-sponsored by the Federalist Society and the University of New Mexico School of Law. Justice Scalia spoke about Constitutional Interpretation and made a strong and compelling argument for the originalism interpretation theory which suggests that the Constitution of the United States does not change, and that it can only be changed through the amendment process. Justice Scalia was nominated as an Associate Justice of the Supreme Court by President Reagan and he assumed office on September 26, 1986. Justice Scalia is a self described conservative and serves as an example to conservatives today in regard to how the Constitution should be interpreted when applied to court cases and controversial issues such as gay marriage, abortion, gun rights, etc. The Justice argues that the idea of the Constitution as a 'living' document began with the Warren Court in the 1950's. The idea of the Constitution as a living document suggests that the Constitution must be flexible and change with the times. Justice Scalia's concern with the living document theory is that the United States is in danger of having a Supreme Court that will reflect the will of the people, which he suggests is the exact opposite of what the Supreme Court is supposed to do. The Supreme Court was designed to protect the individual from the majority and to ensure that legislatures do not impose the will of the people if it is contrary to the Constitution. The originalism theory, also known as the original intent theory looks for the understanding of the Amendment, or law, when it was adopted, as opposed to interpreting and changing the Constitution to make it mean what you want it to mean. Justice Scalia uses abortion and gay marriage as the main examples for his argument. He contends that the original drafters of the Bill of Rights never would have thought that they intended the right to have an abortion to be included within the right to privacy. He also makes the assertion that the drafters of the 14^th Amendment never would have imagined that the Amendment would be used a means to make gay marriage a constitutionally guaranteed right.

Justice Scalia represents the conservative ideology of the Supreme Court and is a big proponent of judicial restraint, State sovereignty, and the original intent theory. Conservatives today should study the theories that Justice Scalia applies to his interpretations of the Constitution and strive to exemplify the same principles.