Supreme Court Justice Antonin Scalia Visits Students and Alumni
Supreme Court Associate Justice Antonin Scalia honored the Thomas Jefferson School of Law by spending a day and evening lecturing and mingling with students and alumni on Tuesday September 4th.
Justice Scalia stepped up to the podium to a standing ovation as he was introduced by Thomas Jefferson Dean Rudy Hasl, at Balboa Park’s Prado Grand Ballroom.
The title of the 2007 Antonin Scalia Lecture was “The Use of Foreign Law in American Constitutional Adjudication” – a practice he is “opposed to in general.”
“It is my view that foreign legal material can never be relevant as an interpretation of the meaning of the United States Constitution,” said Justice Scalia. “I fear the use of foreign law to interpret the Constitution will continue at an accelerated pace.”
By way of example, Justice Scalia cited a Supreme Court case -- Prince. v. U.S. -- where the U.S. government tried to force Virginia state law enforcement officers to administer a federal gun registration law without giving them the funds to do the job.
In the minority opinion, Associate Justice Stephen Breyer cited laws in Switzerland, Germany and the European Union giving governments the authority to press state law enforcement officers into the service of national government – by enforcing national laws. But the full court ruled that the U.S. could not impress state law officers into the service of the federal government – and that the European laws cited by Justice Breyer amounted to “comparative analysis inappropriate to the task of interpreting a constitution,” according to Justice Scalia, who quoted from the actual decision.
Justice Scalia presented a detailed discussion of the main reasons why he believes the trend of citing foreign legal materials is increasing in the American courts.
He noted that foreign laws don’t always influence court decisions, pointing out that only 53 nations, including the U.S., can be classified as “having abortion on demand.”
“I will become a believer in the ingenuousness, in the honesty, though never in the propriety of the court’s new found respect for the wisdom of foreign minds, when it applies that wisdom in abortion cases. I don’t expect to have to worry about that,” said Justice Scalia.
“I hope I have made it clear that my belief that use of foreign law in our constitutional decisions is the wave of the future does not suggest that I think it’s a good idea. I do not.
“The men who founded our republic did not aspire to emulating Europeans much less the rest of the world.
“If there was any thought that is absolutely foreign to the founders of our country, surely it was the notion that we Americans should be governed the way Europeans are. And nothing has changed.
I daresay that few of us would want our life, our liberties subject to the disposition of French or Italian criminal justice. Not because we think those systems are unjust, but because we think our system is better.”
Justice Scalia’s evening lecture in Balboa Park was co-sponsored by Sempra Energy and The Thomas Jefferson School of Law Center for Global Legal Studies. 
Afterwards, the justice dined with a group of alumni students, staff and representatives of the legal community in an intimate setting.
Earlier in the day, Justice Scalia taught a class in Constitutional Law to Thomas Jefferson students at the Theater in Old Town. He lectured on the separation of power as it was intended by the framers of the constitution. 
As a self-titled “originalist,” Justice Scalia feels strongly that a judge who interprets the constitution must be “faithful to the text.” He is reverential of the constitution as written by our founding fathers.
“It has sound structure,” Justice Scalia told the students. “That’s what they debated about and sweat out over what amounted to an entire baseball season. It will never happen again. It was providential.”
For the law students, attending a class taught by a Supreme Court Justice was a singular experience.
“He has such a presence,” said 3L Renee Galente. “Watching him is so enthralling because he is so passionate about what he believes in.”
During the introduction before the Constitutional Law class, Justice Scalia was presented with a proclamation from councilman Kevin Faulconer and his colleagues on the San Diego City Council naming September 4, 2007 “Associate Justice Antonin Scalia Day” in San Diego. The plaque was presented to Justice Scalia by Fred Grand, the President of the Old Town Chamber of Commerce.
Always one to leave an audience with both humorous and memorable quotations, Justice Scalia said during his evening Balboa Park lecture that “originalism” as he practices it on the high court is “not perfect all the time.”
“I don’t have all the answers,” he quipped. “But I have most of the answers!”
The above photos are by TJSL Communication Specialist Chris Saunders.
To view additional photos by Professional Photographer Dave Siccardi, visit: http://web.sendtoprint.net/proofbook/login.asp
Event code: Scalia
The photos will be available for viewing until Oct. 31, 2007