Analysis: Justice Antonin Scalia

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Dena Asfour
Professor Buchman
POL 500
October 12, 2017
2. Justice Antonin Scalia, in A Matter of Interpretation, and Justice Stephen Breyer, in Active Liberty, offer conflicting visions as to how legal texts should be interpreted. First, explain the key points on which the two approaches conflict. Then, select any two issue areas Breyer discusses in the “Applications” section and explain how each justice’s approach might lead to a different interpretations of the constitutional provisions at issue.

Justice Antonin Scalia. The United States constitution is widely considered to be a living working document. That since its creation on July 4th, 1776 including the bill or rights have been in place to allow for a proper functioning government.
Scalia makes a valid point that the laws as well as amendments that we have needs to be understood the way our founding fathers understood them when they were creating the constitution. I get the sense that Justice Antonin Scalia is a conservative on the aspect that he wants amendments and laws to be treated as they were when they were originally created. That Justice Scalia values the traditional aspect of the laws and wants to leave them as they are and not create and or give new meaning to them. When Scalia says, “Judges, should be interpreters, not lawmakers” from his standpoint it makes sense because the nine supreme court justices that we currently have, are present to uphold the law of the land and that is it. They are there to maintain that the government and that the general public are adhering to the statues and precedents that are in place for our safety as well as our
Justice Scalia once said, “ To be a textualist in good standing, one need not be too dull to perceive the broader social purposes that a statue is designed, or could be designed; or too hide-bound to realize that new times require new laws” and that being said you get the sense that Justice Scalia favored leaving texts of law as they were. To ask one to interpret the laws and amendments for what they are and not dissect and relate them to ones mind is a challenge in its self. I appreciate the fact that Justice Scalia is able to interpret and understand the constitution but it seems like a hard task to

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