Home
/
RELIGION & LIBERTY ONLINE
/
Antonin Scalia: True Friend of the Constitution
Antonin Scalia: True Friend of the Constitution
Aug 18, 2025 3:18 PM

Antonin ScaliaOne of the many great things about living in Europe is getting the chance to meet famous Americans visiting the Old Continent. They tend to be more relaxed and accessible than they ever would be in the United States, which means you may actually manage to have a pleasant conversation with them without others trying to jostle their way between you.

It’s an even bigger thrill when you talk with someone you truly admire, which was certainly the case when I met Supreme Court Justice Antonin Scalia at the annual Istituto Bruno Leoni lecture in Turin in 2013.My friends at IBL kindly invited me to the reception and dinner following the lecture, and there I was as the only other American chatting with Justice and Mrs. Scalia.

We talked about his old friend and poker buddy Walter Berns (whose health was ailing, he told me with real concern in his face and voice), the work of the Acton Institute in Rome, and “so-called” social justice, as he put it. I tried to get his views on St. Thomas Aquinas and natural law, but he somewhat facetiously said those were “above his pay grade.”

I say “somewhat facetiously” because, just last month at the Dominican House of Studies in Washington, I had the good fortune to hear his opinions on that very subject. It takes some guts to tell a room full of Dominicans that the Angelic Doctor was wrong, but that’s just what Scalia did in defending his “textualist” approach to the law. He went even further: “I know more about being a judge than St. Thomas!”

Scalia did something similar in his IBL lecture when he said the Supreme Court had erred in imposing free-market preferences in the Lochner v. New York case just as it now errs in imposing statist preferences today. In fact, Scalia was remarkably consistent in following the law where it took him, regardless of his personal opinions of the e, as in the case of flag-burning as protected free speech. If he or anyone else doesn’t like a law, he ought to convince his fellow citizens to change it rather than expect the courts to do that for them.

This is what the rule of law is supposed to look like, of course. Like Berns, Scalia was a fierce opponent of the “living Constitution,” not simply because he was a Catholic or a conservative, but because he was a “good judge,” as he said he would try to be at his confirmation hearings. Like Berns, he believed that the times ought to adapt to the Constitution, rather than the Constitution to the times. For what my less-than-amateur opinion is worth, I agree with Scalia’s understanding of the role of a judge, though I wonder what he thought about the importance of natural law for the legislator.

Unfortunately, I’ll never get another chance to ask him. Challenging one’s convinced free-market or Thomist hosts is a quite a provocative thing to do, but Justice Scalia could pull it off because he was a man of integrity, principle and good humor. The US Constitution and indeed the country could not have had a better friend.Requiescat in pace.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
8 Lessons on Work and Stewardship from Disney’s ‘Silly Symphonies’
Teaching our children about the value and virtues of hard work and sound stewardship is an important part of parenting, and in a privileged age where opportunity and prosperity e rather easily, such lessons can be hard e by. In an effort to instill such virtues in my own young children, I’ve taken to a variety of methods, fromstories to choresto games, and so on. But one such avenue that’s proven particularly effective has been taking in Walt Disney’s Silly...
The Complexities of Airport Capitalism
Over at The Federalist today, I ruminate on a conversation I overheard at an airport recently. I was an innocent auditor, I assure you. In the words of Sam Gamgee to Gandalf, “I ain’t been droppin’ no eaves sir, honest.” The conversation had to do with the prices of goods and services on offer atairports. To simply blame (or credit) capitalism with the situation is misleading. As I conclude, “We should try to understand the words people are using, the...
In California, Abortion Rights Trump Religious Freedom of Churches
Remember the Hobby Lobby case when the Supreme Court ruled that an employer could not be required to provide employees with certain types of abortifacients if it was against their religious beliefs? Remember also how some plained that such exemptions in health care plans should be allowed only for churches and religious ministries? Apparently, the state government of California thinks that both of those claims are absurd. They think that every employer — including churches — should be required to...
Surrogacy: A Knot That Can’t Be Untangled
I’ll say it again: surrogacy is a bad idea. It’s bad for the child, it’s bad for women, it’s bad for families. Even when everything goes “well,” it’s still a situation where a woman has been used for rental of her womb for 9 months. Using a fellow human being’s body because you want something is wrong, even if you pay them. Tennessee’s state Supreme Court is trying to untangle a knotted mess of surrogacy nonsense – which is made...
Start Reading: 100 Best Christian Books
It’s no secret that I, like all good perfectionists, love a good list. And this is a good one: Paul Handley at Church Times gives us the 100 best Christian books. Of course, like any good list, we can debate the merits of inclusion and exclusion (that’s part of the fun of a good list!) but certainly, for any serious Christian, this offers great food for thought. Just to get whet your literary appetite, here are the top ten: Confessions,...
Public Health: Is ‘Social Justice’ More Important Than Sound Science?
The Center for Disease Control (CDC) has been criticized recently for its handling of the Ebola cases in the United States, and for its lax suggestions regarding travelers from countries where Ebola is rampant. In today’s City Journal, Heather Mac Donald suggests that the CDC’s lack of leadership has more to do with political correctness in the public health arena and their version of “social justice” than with science. Science would assert that people make choices that have an effect...
Are Commercial Transactions Inherently Shady?
By giving us the ability to buy and sell, says Wayne Grudem, God has given us a wonderful mechanism through which we can do good for each other. Buying and selling are activities unique to human beings out of all the creatures that God made. Rabbits and squirrels, dogs and cats, elephants and giraffes know nothing of this activity. Through buying and selling God has given us a wonderful means to bring glory to him. We can imitate God’s attributes...
Child Soldiers: Another Form Of Human Trafficking
Children in poor and war-torn countries are often trafficking victims. They are lured from their homes with promises of making money in factories or at farms. Sometimes they are kidnapped. And sometimes, they are recruited for war. Tom Burridge of BBC News reports on the war in South Sudan, and the prevalence of “recruiting” young boys to fight. On a normal school day, Burridge says that more than 100 boys are kidnapped from their classroom and told they must fight...
What’s the Right Minimum Wage?
What’s the perfect minimum wage? $10 an hour? $20? $50? Economist David Henderson explains why it should be “zero.” As Henderson explains, when the state mandates a minimum wage (or an increase), it makes harder for unemployed people to find work and forces business owners to cut the hours of lower-skilled employees. ...
The FAQs: Are Ministers in Idaho Required to Conduct Same-Sex Weddings?
What is the Idaho wedding chapel story all about? Same-sex marriage became legal in the state of Idaho earlier this month after a federal court ruled in the case of Latta v. Otter that the state’s statutes and constitutional amendment banning same-sex marriage was unconstitutional. This ruling affected an anti-discrimination ordinance in the city of Coeur d’Alene, which was enacted last year to cover “sexual orientation” and “gender identity.” (Since there is currently no similar state or federal non-discrimination laws,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved