August 29, 2006
Supreme Court Justice Antonin Scalia Speaks To Thomas Jefferson School Of Law Students
Supreme Court Justice lectures on Constitutional Law to a packed theater of TJSL students
If you’re a law student and a U.S. Supreme Court justice gives you a reading assignment, it’s probably a good idea to do it.
That’s what Justice Antonin Scalia did when he lectured a group of 200-plus Thomas Jefferson School of Law students at The Theatre In Old Town on Monday, August 28. The students are enrolled in their first course on constitutional law.
It was a lively and animated session, which the students found highly entertaining.
“It’s a great opportunity. It’s not every day you get to see a Supreme Court justice,” said third-year student Wade Poulson.
“I’m honored to be able to hear him speak,” said third-year student Lindsay Szafraniec. “I’ve read a lot of his opinions.”
“Justice Scalia's lecture was very informative and entertaining," said second-year student Lindsay Robinson. “He was a wonderful speaker and having the opportunity to hear from such an intelligent man was truly a memorable experience.”
Second-year student Crystal Adam added, “It definitely is a once in a lifetime chance.”
Justice Scalia was standing in front of a glittery background from one of the theater’s productions, and he opened by saying, “I’ve never given a lecture in quite this type of atmosphere.” That comment drew a laugh and set the tone for the afternoon.
First on Justice Scalia’s required reading list is the U.S. Constitution. “Get your constitutions and read the doggone thing, don’t just read the Supreme Court cases,” he admonished the students. “You’re interpreting a constitution. You should always go first to the provision you’re interpreting.”
His announced lecture topic was a basic talk on separation of powers, and his first question to the students was constitutional -- “Where does the principle of separation of powers appear in the U.S. Constitution?” he asked.
That’s when Scalia told the students to read their constitution. “Like so much of our constitution, it is there with economy of language. Lean & mean,” he said, as he outlined the powers of the legislative branch, the executive branch and the judicial branch as spelled out in Articles I, II and III.
Scalia says the constitution’s framers were trying to create not just separation of powers, but “equilibration” of powers between branches to that no branch can overwhelm the other two, which led to the bi-cameral legislature we have -- the House of Representatives and the Senate.
“How many of you have read the Federalist Papers?” Scalia asked. Relatively few hands went up. “You should be ashamed of yourselves,” Scalia lightly scolded the audience. “It should be required reading. Buy a copy.
“If you read the Federalist Papers you can understand how brilliant our framers were. If you want to understand the constitution; if you want to understand why they did what they did; and why we shouldn’t have another constitutional convention today, you gotta read the Federalist Papers.
"If you remember nothing else from today’s lecture. It costs a couple of bucks. It comes in paperback.”
To Scalia, the most important way to look at the constitution and its definition of judicial power is to know what its framers intended. “Look at what it means now by looking at what it meant then,” he said. “Otherwise, you have no standard.”
He calls himself an “originalist,” because he believes his task as a jurist is to determine the intent of the constitution’s framers. “That’s what they meant by Judicial Power,” he explained. “Otherwise there would be a radical departure from the constitution.”
He also feels strongly that the courts must be reactive, not proactive and must not “ride herd” on the other branches of government.
“The legislative branch still passes laws that we find unconstitutional but it doesn’t seem to matter to them,” Scalia said, drawing one of the many laughs he earned during his lecture.
When it comes to the role of the judicial branch, Scalia feels it was not originally meant “to decide the meaning of the constitution – we do that by accident. The court has to interpret the constitution.” That of course, is the principle of judicial review.
The last item on Scalia’s list of required reading is Democracy in America, by Alexis de Tocqueville, in which the author observed that the U.S. “judges have enormous power to nullify legislation.”
The heart of Scalia’s lecture was about the Doctrine of Standing: “The Doctrine of Standing is central to the separation of powers. It’s one of those restrictions upon judicial action that prevents judicial incursion into principally the executive (branch).”
“The Constitution does not permit allowing just any citizen to sue because the judicial power is the power to decide on a controversy raised by someone who has been harmed," he added. "That’s the function of the courts. To prevent harm to individuals. That’s what the Doctrine of Standing is all about.”
“Some issues will never come to court because there is no one to raise the issue,” he said. “Resign yourself that there are some governmental actions that are unconstitutional that are not the business of the courts. There must be individual harm, not a generalized grievance.”
The lecture concluded with a spirited question and answer session between the students and the justice, including one asking of which decision he is most proud.
“Oregon vs. Smith,” said Scalia, who authored a decision upholding an Oregon State Supreme Court decision to deny unemployment benefits to two men who were fired after ingesting peyote during a Native American Church ceremony.
When the case first reached the high court, the State Supreme Court decision was vacated and remanded. In that action, Justice William Brennan stated “any statute could be disregarded for religious reasons unless there is compelling state interest.”
That doesn’t wash with Scalia: “No state could operate that way. ‘God told me to spit in the street.’” He pounded his chest and said “I think it’s braggadocio,” in a thick Italian accent. Then, continuing in a mocking tone: “This is a great country. You can do anything God wants you to do -- IF there’s no compelling state interest.”
“After Justice Scalia's lecture, I was even more impressed with his character," said Crystal Adam. “He is such a personable man with so much humor! I feel honored to have heard him speak in such a comparatively intimate setting.”
“I was impressed,” said second-year student Shadd Wade. “He was personable and easygoing and entertaining.”
“TJSL is always honored to have nationally known judges who can help educate our students," said Dean Rudy Hasl. “As one of nine Supreme Court justices, who is involved in deciding significant issues affecting every American, it’s a valuable experience for our students to gain insight into what motivates a justice to decide cases the way they do.”
As for the law students' reading assignments, it’s not a bad idea for them to complete it. After all, he’ll be coming back again to lecture next fall at Thomas Jefferson School of Law and he will no doubt expect that everyone has done the required reading.
*Please see the Justice Scalia photo gallery