Justice Scalia- “The Constitution that I interpret and apply is not living, but dead”

Justice Scalia speaks with Peter Robinson on Constitutional interpretation. Those who advocate for a Living Constitution interpretation often miss the fact that it is not society who decides how the Constitution changes, instead the decision is left to a handful of appointed justices. As Scalia points out, the result of this method is that “it’s up to the Court to decide when it morphs and how it morphs.”

For more on methods of Constitutional interpretation, see the following discussion between Justice Scalia and Justice Breyer:


This entry was posted in US Constitution Resources. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s