Antonin Scalia Essay

Improved Essays
Antonin Scalia
Antonin Scalia was an Associate Justice of the Supreme Court of the United States. Appointed by President Ronald Reagan in 1986, he was often described as the intellectual anchor of the Court’s conservative wing. Antonin Gregory Scalia was born in Trenton, New Jersey on March 11, 1936. He attended Georgetown University as an undergraduate and obtained his Bachelor of Laws degree from Harvard Law School. After spending six years in a Cleveland law firm, he became a law school professor. In the early 1970s, he served in the Nixon and Ford administrations, first at minor administrative agencies, and then as an assistant attorney general. He spent most of the Carter years teaching at the University of Chicago, where he became one
…show more content…
He considered the Constitution to be a statute, which cannot be changed over time. Many suspected that his real intention was to turn back certain decisions of the 1960s and 70s that were passed by the Warren and Burger Courts. He was described by Congressman Barney Frank as a “homophobe,” and by political columnist Maureen Dowd as “Archie Bunker in a high-backed chair.” During oral arguments before the Court, Scalia usually asked more questions than other justices, and a 2005 study found that he provoked laughter more often than any of his colleagues. His goal during oral arguments was to get across his position to the other justices. In cases pitting the powers of the federal government against those of the states, Scalia often took the states’ positions. In 1997, the Supreme Court considered the case of Printz v. United States, a challenge to certain provisions of the Brady Handgun Violence Prevention Act which required chief law enforcement officers of localities in states to perform certain duties. Scalia wrote the Court’s majority decision, which ruled that the provision which imposed those duties violated the Tenth Amendment, which reserves to the states and to the people those powers not granted to the federal

Related Documents

  • Improved Essays

    The court case, “District of Columbia vs. Heller” was a lawsuit filed against the District of Columbia for supposedly, infringing upon the rights protected by the second amendment. The suit was filed by Dick Heller, a police officer in Washington, DC. In an attempt to lower the crime rates, DC placed a ban on all handguns. The chief of police was allowed to give licenses to own handguns for a year, but denied most applicants. After heller and several others were denied, they brought the issue up to the local district court, which ruled in favor of the ban.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    William Wayne Justice, he was a formidable judge that sat on the federal bench in the state of Texas. He brought forth change throughout his years as a judge and some of those changes would be major reform decisions that will change the systems in Texas. He was a judge that made decisions that influenced changes and it was noticed not only in Texas, but throughout the United States. Judge Justice was involved in many controversial cases and reforms that gained attention all over. Not only the cases were controversial, but his decisions were ones that got people talking about him.…

    • 1720 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    In the April of 1992, Chris McCandless set out from South Dakota to Fairbanks Alaska. Five months later, McCandless's body was found rotting inside an abandoned bus. Chris McCandless had run away from his family and had hoped to survive in the wild with only the bare necessities. McCandless was a fool for what he did, he was a hard working, and vigilant man, yet he embarked without a backup plan, nor the proper supplies to survive out in the wild.…

    • 678 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    On March 10, 1992, Alfonso Lopez Jr. brought a .38-caliber handgun and five bullets to Edison High School in San Antonio, TX. He was arrested under Texas law but the next day, state charges were dropped after he was charged by a federal grand jury for violating the Gun- Free School Zones Act of 1990. He was convicted and sentenced to 6 months in prison and 2 years of supervision. Lopez’s lawyer, John R. Carter, a federal public defender, argued that the Gun-Free School Zones Act (GFSZA) is unconstitutional as it did not meet the requirement of the Commerce Clause. The Commerce Clause allows congress to make laws if interstate commerce is affected.…

    • 1127 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The defendant in the case that was with Heller, whose last name is Stevens, stated his opinion on the matter. Stevens stated that, “The Second Amendment was adopted to protect the right of the people to maintain a well-regulated militia. It was a response to the concern that the power of congress to disarm the state militias and create a national standing army posed an intolerable threat to state sovereignty (Lawnix, par. 15).” Neither in the manuscript of the Second Amendment or in the quarrels in the advocate’s evidence, was there even the least interest of the Framers in limiting of the legislature’s power of controlling the uses of firearms used by the private citizen. Stevens also said, “There is no indication that the Framers intended…

    • 203 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Scalia, on the other hand, is inclined to avoid using the tools of purpose and consequence because he believes they create subjectivity. Scalia also makes the argument that the meaning of the Constitution is not supposed to change generation to generation and that the open language of the Constitution is there for the legislative branch to create law, not for SCOTUS justices to make up their own laws based on the text. In the interview, Scalia argues against the Developmentalist approach. He even goes so far as to criticize it by comparing the Constitution to an empty bottle where each generation pours the liquid of its choice into it. Basically, Scalia’s argument centers around his belief that the Developmentalist approach results in judges reflecting their own morals their decision instead of remaining objective and sticking to what the text says.…

    • 770 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In a 1965 Supreme Court decision, he opposed banning contraceptives for married couples. Also, Bork opposed the Supreme Court decision on gender…

    • 430 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In 2008, after the Court had decided Heller and said that the Second Amendment includes an individual right to keep and bear arms, Otis McDonald and other Chicago residents sued the city for violating the Constitution. They claimed that Chicago’s handgun regulations violate their 14th Amendment rights. Specifically, the residents argue that the 14th Amendment makes the Second Amendment right “to keep and bear Arms” applicable to state and local governments. The federal district court ruled for Chicago and McDonald appealed. The Seventh Circuit Court of Appeals decided for Chicago, as well.…

    • 586 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Thurgood Marshall was born on July 2nd, 1908 in Baltimore, Maryland and died on January 24th, 1993 in Bethesda, Maryland. He was an American attorney who was appointed as an associate justice of the Supreme Court in 1967. He was the first African-American to have the position & served for 24 years, until 1991. Marshall studied law at Howard University. As counsel to the NAACP, he used the judiciary to promote equality for African Americans.…

    • 356 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Clarence Thomas Essay

    • 755 Words
    • 4 Pages

    Clarence Thomas was appointed to the Supreme Court to replace Thurgood Marshall, however, regarding his stances, Thomas is practically the “anti-Thurgood”. Thomas approaches constitutional interpretation of the law through the “originalist” perspective, meaning this “philosophy calls for interpreting the Constitution by looking to the words in the document” (American progress). Thomas is one of the many Roman Catholics sitting on the Court and is also widely considered the most conservative. Clarence Thomas had been said to have specific policy preferences closer to that of an extreme conservative. Thomas is anti-gay marriage and he is against affirmative action.…

    • 755 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Thurgood Marshall

    • 1111 Words
    • 4 Pages

    Thurgood Marshall grew up a minority, but valiantly gained a voice as he fought for the rights of not only himself, but other minorities as well who lacked a proper voice and equal rights enjoyed by white citizens of the United States. He was born into a century that would be monumental for African Americans and minorities alike. Although the century began with heavy segregation, discrimination, and violence against the African American community, its conclusion would produce an active voice for individuals of that community as well as other minorities. Marshall, much like his African American counterparts, dealt with the same threats posed against others (Ball 18). He faced racism and discrimination, and threats of violence, but bravely…

    • 1111 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Necessary and proper clause is basically a simple term used in the place of Article 1 Section 8 of the Constitution of the United States. The necessary and proper clause states: “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof”. John Marshall was one of the greatest to ever serve as the Chief of Justice. Marshall started his career in the early 1780s. Marshall heard more than a thousand cases and wrote at least 519 decisions.…

    • 902 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Justice Stephen Breyer Justice Stephen Breyer has been on the Supreme Court for almost 22 years. He was confirmed to the court by the Senate on June 29, 1994. Justice Breyer’s confirmation was not a surprise considering how highly qualified he was, as well as, how highly others thought of him. For most of Breyer’s adult life he has had an influential role in the legal field. This paper will summarize Justice Stephen Breyer’s early life through today.…

    • 1934 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    The case leaned upon the Second Amendment of the Constitution and the ruling of the court was that the Second Amendment allows the citizens the right to bear arms for “traditionally lawful purposes” such as self defense in the home, and the court believed the District of Columbia Law infringed upon those civil liberties guaranteed by the Constitution. Similarly, in the court case of McDonald Vs. Chicago, there was a Chicago law that banned handguns in one's home, but once again the court ruled that the Second Amendment guarantees this right and that the law infringed upon it. In addition to the Second Amendment, they also referred to the due process clause which states, “N]or shall any State deprive any person of life, liberty, or property, without due process of law…” This means that a state cannot infringe upon the immunities and grants that the Constitution guarantees U.S…

    • 942 Words
    • 4 Pages
    Improved Essays