Thinking about this important appointment, I wondered why Antonin Scalia had to be disposed of? But reading other peoples’ opinions, it makes sense. One of the chief principles he championed as a scholar and a judge is that the law, whether statutes or the Constitution, must be applied according to its text. In other words, judges should not apply the law based on what is good policy or what they suppose Congress may have intended in passing legislation.
Scalia believed that the words of a law should be understood by the people when that law is enacted. The two principles of textual and original, are rooted in Scalia’s jurisprudence. Unwavering respect for the idea of popular government. Laws receive their legitimacy from the people. The Constitution is not an autonomously evolving document that spins out new rights and obligations to which the people have not given their consent.
Hope president-elect Trump can find a Scalia-like judge to fill that open justice seat.
John Schrand, Belleville