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
Is This What Help Looks Like in Chicago?

News  

Monday, June 5, 2023

Is This What Help Looks Like in Chicago?

Chicago, desperate to do something to try to diminish the violent crime that is ravaging the city, has turned to programs that are not your traditional law enforcement approach to try to help stem the ...

Study: Restrictive Gun Control Laws “Unlikely” to Solve Problem of Youth Gun Violence

News  

Monday, June 5, 2023

Study: Restrictive Gun Control Laws “Unlikely” to Solve Problem of Youth Gun Violence

A first of its kind study published in late May in the American Medical Association’s JAMA Network Open concluded that community-level “social vulnerability” factors like poverty, unemployment, crowded housing, and minority status were much more likely than ...

Maine: House to Vote on Anti-Shooting Range Bill

Wednesday, May 31, 2023

Maine: House to Vote on Anti-Shooting Range Bill

Tomorrow, the Maine House is scheduled to vote on Legislative Document 1000, which would establish a firearm range safety group within the Department of Inland Fisheries & Wildlife. This legislation is the first step in ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

Connecticut:  Gov. Lamont Signs Major Gun Control Bill

Wednesday, June 7, 2023

Connecticut: Gov. Lamont Signs Major Gun Control Bill

On Tuesday, anti-gun Gov. Ned Lamont inked his signature on more Second Amendment restrictions in Connecticut.  The Governor signed H.6667 which contained several firearm restrictions, including a ban on open carry and the adoption of ...

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

New York:  Approaching End of Session Is A Dangerous Time For Gun Owners

Wednesday, May 31, 2023

New York: Approaching End of Session Is A Dangerous Time For Gun Owners

We are in the ninth inning in Albany, and the anti-gun politicians are always looking to steal a base.  You can count the number of scheduled 2023 legislative session days on one hand, which means ...

NRA Files Papers in Legal Challenge to ATF “Pistol Brace Rule,” Defends Members Against ‘Arbitrary Attack’

News  

Second Amendment  

Wednesday, June 7, 2023

NRA Files Papers in Legal Challenge to ATF “Pistol Brace Rule,” Defends Members Against ‘Arbitrary Attack’

The National Rifle Association of America (“NRA”) today announced it is intervening in a pending case to protect its members from the “pistol brace rule” promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives ...

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

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.