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Traditional, prevatican faith. he actually has gotten into a disagreement with the pope and modern catholic church over the death penalty issues. and he believes that the the clock should be turned back, i think, to a different era. pretty remarkable when you are more conservative than the pope. but, bruce, scalia uses a judicial approach that he calls originallism. right? it s the opposite of the idea of the constitution as a living document. he thinks you can go back to the text itself, divine the original intent of it and use that for all your judicial decision making. he talked about that specifically in this case d.c. versus hellor. which was a landmark case regarding how to interpret the second amendment. is the second amendment about the rights of a militia or does it include an individual right to self-defense and to bear arms. scalia supposedly using his philosophy of originalism comes to this idea it s really about individual rights and is very ....
Much criticized by not just more liberal justices, but also by conservatives. richard pozner essentially said you re cherry picking historical data and making stuff up. he said the range of his tor ral references in the majority opinion is breathtaking, but it is not evidence of disinterested historical inquiry. it is evidence of the ability of well staffed courts to produce snow jobs. so is scalia really using this, you know, very careful process of originalism or is he manipulating originalism to get to the political result that he ultimately wants. that s a good question. scalia sees himself as a good judge of historians as well as history. so he is looking at the kind of history that s sent to him in the legal briefs. and he is picking the pieces that will get him the result that he wants. what he wanted there was, in the heller case, was an individual right of self-defense. that right of self-defense isn t in the second amendment and ....
Isn t in the constitution. and to get there, he has to change the rules of grammar by moving the well regulated militia, predecessor to the keep and bear arms section of the second amendment, to the back of the second amendment. and go right to this individual right of self-defense. and i think part of what he was doing was, if he made that claim, he would pick up the libertarian anthony kennedy. he would also pick up the libertarian clarence thomas. he d be able to hold his five vote majority. this book really gives you a better sense of what makes anthony scalia tick. the take away was that he s an incredibly intellectual guy. he also craves attention. we were talking about this. how it s interesting, as smart as he is, he s actually become more and more partisan as he gets older. how much of that well, first of all, how common is that for judges on the supreme court to seek that attention? but how much of that falls back to him just wanting people to follow him and to like him? ....
By bruce allen murphy, a professor at lafayette college. talk to us about how scalia s catholicism has shaped his legal philosophy. scalia was taught his catholicism by his immigrant romance language professor father. immigrant italian. and he learned a very devout, prevatican to traditional catholicism that has shaped his life. and he got to the point that he was very much in disagreement with kennedy. and when kennedy disavowed his connection between his job and the presidency and catholicism. once on the court, scalia has been disavowing any connection to catholicism in his judging, while simultaneously has been showing in many of the social issue cases abortion, gay rights, the death penalty cases, that he to a much older, ....
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