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This definitive collection of beloved Supreme Court Justice Antonin
Scalia's finest speeches covers topics as varied as the law, faith,
virtue, pastimes, and his heroes and friends. Featuring a foreword
by longtime friend Justice Ruth Bader Ginsburg and an intimate
introduction by his youngest son, this volume includes dozens of
speeches, some deeply personal, that have never before been
published. Christopher J. Scalia and the Justice's former law clerk
Edward Whelan selected the speeches. Americans have long been
inspired by Justice Scalia's ideas, delighted by his wit, and
instructed by his intelligence. He was a sought-after speaker at
commencements, convocations, and events across the country. Scalia
Speaks will give readers the opportunity to encounter the legendary
man more fully, helping them better understand the jurisprudence
that made him one of the most important justices in the Court's
history and introducing them to his broader insights on faith and
life.
We are all familiar with the image of the immensely clever judge
who discerns the best rule of common law for the case at hand.
According to U.S. Supreme Court Justice Antonin Scalia, a judge
like this can maneuver through earlier cases to achieve the desired
aim--"distinguishing one prior case on his left, straight-arming
another one on his right, high-stepping away from another precedent
about to tackle him from the rear, until (bravo!) he reaches the
goal--good law." But is this common-law mindset, which is
appropriate in its place, suitable also in statutory and
constitutional interpretation? In a witty and trenchant essay,
Justice Scalia answers this question with a resounding negative. In
exploring the neglected art of statutory interpretation, Scalia
urges that judges resist the temptation to use legislative
intention and legislative history. In his view, it is incompatible
with democratic government to allow the meaning of a statute to be
determined by what the judges think the lawgivers meant rather than
by what the legislature actually promulgated. Eschewing the
judicial lawmaking that is the essence of common law, judges should
interpret statutes and regulations by focusing on the text itself.
Scalia then extends this principle to constitutional law. He
proposes that we abandon the notion of an everchanging Constitution
and pay attention to the Constitution's original meaning. Although
not subscribing to the "strict constructionism" that would prevent
applying the Constitution to modern circumstances, Scalia
emphatically rejects the idea that judges can properly "smuggle" in
new rights or deny old rights by using the Due Process Clause, for
instance. In fact, such judicial discretion might lead to the
destruction of the Bill of Rights if a majority of the judges ever
wished to reach that most undesirable of goals. This essay is
followed by four commentaries by Professors Gordon Wood, Laurence
Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice
Scalia's ideas about judicial interpretation from varying
standpoints. In the spirit of debate, Justice Scalia responds to
these critics. Featuring a new foreword that discusses Scalia's
impact, jurisprudence, and legacy, this witty and trenchant
exchange illuminates the brilliance of one of the most influential
legal minds of our time.
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