Scalia’s Death Could Mean the End of Our Constitution

Antonin Scalia’s passing this week not only marked the loss of an immense intellect, but it could very well end the era of constitutionalism in the Supreme Court.

Scalia’s brilliant, passionate writing style made him author of some of the most famous dissents in Supreme Court history, and channeled the modern conservative frustration with the continuing abandonment of the Constitution.

Scalia’s jurisprudence also reminded conservatives that there is no substitute for proven Constitutional originalism. Most conservatives ignored that when they greenlit the appointment of cipher John Roberts for Chief Justice of the Supreme Court, a point I made when he was appointed. But Scalia provided a consistent reminder that Constitutional philosophy matters. It isn’t just a game of doing whatever you want politically. Constitutional jurisprudence is about recognizing the limits of the federal government – and recognizing the limits of the politicization of the Court itself.

In the end, Scalia’s death could mark the end of the Constitution itself. That’s because the current Supreme Court rested, until Scalia’s death, on the vague, confused, indeterminate philosophy of Justice Anthony Kennedy, who apparently decides cases on the basis of whether he has a solid bowel movement that morning. That means that half the time, the Constitution has a shot, as in Citizens United; the other half of the time, the Constitution drains away into the mists of Kennedy’s magical social justice thinking, as in Obergefell.

Even in his death, Scalia has largely avoided harsh criticism from many on the political left. That’s because his common sense reading of the constitution is hard to argue against. Sometimes the most simple answer is also the best answer, and Antonin Scalia proved that with an incredible mind and sharp tongue.

Source: Breitbart

Photo: Alan