Explore The NRA Universe Of Websites

APPEARS IN News

U.S. Supreme Court Justice Antonin Scalia 1936-2016

Friday, February 19, 2016

U.S. Supreme Court Justice Antonin Scalia 1936-2016

Longtime U.S. Supreme Court Justice Antonin Scalia, a stalwart defender of the U.S. Constitution and author of the critically important majority opinion in the District of Columbia v. Heller case, passed away on Feb. 13 at the age of 79.

 When Justice Elena Kagan was dean of Harvard Law School, she explained Justice Scalia’s monumental influence: “His views on textualism and originalism, his views on the role of judges in our society, on the practice of judging, have really transformed the terms of legal debate in this country.” In short, “He is the justice who has had the most important impact over the years on how we think and talk about law.”

Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense. That decision was made possible not just by what Justice Scalia did in 2008, but by a career dedicated to defending the Constitution.

As a law professor at the University of Virginia and the University of Chicago, as a judge on the D.C. Circuit Court of Appeals, and then for 30 years as a justice of the U.S. Supreme Court, Antonin Scalia was guided by two complementary principles: textualism and originalism.

“Textualism” means that whenever courts interpret any legal document—a Constitution, a statute or a contract—judges should consider first and foremost the precise words of the document. So in Heller, Scalia observed that the Second Amendment protects “the right of the people.” Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense. That decision was made possible not just by what Justice Scalia did in 2008, but by a career dedicated to defending the Constitution. 

He explained that the exact same phrase also appears elsewhere in the Bill of Rights: in the First Amendment, “the right of the people peaceably to assemble;” in the Fourth Amendment, “the right of the people to be secure” from unreasonable searches and seizures. In the First and Fourth amendments, everyone agrees that “the right of the people” refers to an ordinary individual right belonging to all Americans. Thus, the text of the Constitution shows that the Second Amendment is clearly an individual right for all Americans.

Justice Scalia’s other guiding principle was the original public meaning of the Constitution.

What did a given constitutional provision mean to the American people when they ratified it and made it “the supreme law of the land”? Justice Scalia did not invent originalism, an interpretive technique that is as old as the Constitution. But when President Ronald Reagan nominated Scalia in 1986, originalism had been in eclipse for decades. Supposedly, originalism was old-fashioned and outdated.

Over the course of the next three decades, Justice Scalia would explain that originalism, while not perfect, is the best method for judges to discern and enforce the law that the people created and to guard against judges arbitrarily imposing their own policy preferences under the guise of legal interpretation.

Justice Scalia’s majority opinion in Heller cited a mountain of public evidence that Americans in the Founding Era and the Early Republic understood the Second Amendment to guarantee an individual right. In dissent, Justice Stevens had little to work with, and he was reduced to arguing that even if the Second Amendment protects an individual right, it should yield to whatever the government considers necessary for public safety. The majority rejected that approach. “[T]he enshrinement of constitutional rights,” Scalia wrote, “necessarily takes certain policy choices off the table.”

Justice Scalia’s other guiding principle was the original public meaning of the Constitution.Unlike some previous Supreme Court justices, Scalia was neither pompous nor aloof. A father of nine and a grandfather of 28, he told young lawyers that there is more to life than work, and they should remember their duties to family and community.

Justice Scalia was not only an ardent and brilliant defender of Second Amendment rights, he exercised those freedoms as a marksman and avid hunter. Indeed, his sudden death, which stunned all those who cherish our guaranteed civil rights, occurred while he was on a hunting trip.

If our Second Amendment endures into the 22nd century, Justice Antonin Scalia will deserve much of the credit, and he will be studied and emulated by judges and law students. Today, we can be thankful for the legacy of a great justice and an exemplary man.

TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.