Scalia defends originalist interpretation of Constitution

Eloquence abounded yesterday as Supreme Court Justice Antonin Scalia graced Penn's campus as the Law School's Owen Roberts Lecturer. Following his 1960 graduation from Harvard Law School, Scalia has enjoyed an illustrious career, including professorships at many of the nation's top law schools and vast experience in the public and private sectors. In 1986, this stellar record earned him a nomination to the United States Supreme Court. Known for his conservative opinions, Scalia has been a noteworthy figure among present-day justices. As a result, he drew a crowd large enough to fill Harrison Auditorium, not to mention an additional room with a telecast of his discourse. Scalia's speech concluded without incident, despite the protesters outside who oppose his stance on affirmative action. When asked to comment on the protesters' allegations that he is racist, Scalia casually remarked, "I deny it." But the topic of affirmative action was not broached inside the Museum. Because the issue is currently before the Supreme Court, Scalia was not allowed to talk on the subject. Scalia began by referring to himself as the "Ancient Mariner" of constitutional interpretation, which was also the subject of his lecture. Without hesitation, Scalia deemed himself an "originalist." Originalists like Scalia contend that the American Constitution is a static document, and he went on to defend this position, as well as to refute opposing arguments. As an originalist, Scalia said he finds himself among a minority within the political sphere. The status quo has shifted to a more proactive interpretation -- or a "living Constitution" -- in which the document evolves with the society it governs. To this end, Scalia criticized the status quo. The major argument in favor of a living Constitution, Scalia said, is based on the notion of flexibility. Proponents of this argument contend that the Constitution is over 210 years old, and that it fails, in original form, to grow with the society that it governs. But Scalia refuses to endorse this point of view and cites democracy as a central pillar in his rebuttal. "If you want something," Scalia argued, "convince fellow citizens to vote for it, and then you have it." He also claimed that his method allows for greatest flexibility, as legislation can always be debated and overturned, whereas "constitutional amendments tend to warrant little debate after ratification." The second argument that Scalia cited in favor of a living Constitution is that such a fluid interpretation promotes a greater level of public freedom. However, he quickly countered this argument by asserting that where there is greater ability of the Constitution to change with the present, there is also greater scope for the majority to abuse its power. But Scalia did distance his position from partisan politics. The debate between living and originalist interpretation is "not a matter of conservative versus liberal," Scalia stressed. Rather, he said he believes that when judges are granted more power and leeway, they tend to become central figures in the political spotlight. In disagreement with making justices political figures, Scalia cited the example of a liberal Congress tending to reject conservative judges, and vice versa, leading to reduced numbers of confirmed judges, as well as political bickering over a selection that is supposed to be as far from partisan politics as possible. Following this theoretical and philosophical analysis of his position, Scalia argued the validity of his ideas more pragmatically. "Originalists have to drink bitter tea," Scalia said, invoking a lighthearted anecdote to further demonstrate his point. Scalia was the fifth vote on the 5-4 decision to protect flag-burning as free speech. He criticized but defended the right of the "scruffy, sandal-wearing, bearded people" to do what they wished to the flag. Though he said he disapproved of his decision, he said did it in the interest of free speech. Still, Scalia joked that he had to cringe the next morning when his conservative wife began humming "Stars and Stripes Forever" while making breakfast.