Scalia: Constitution Does Not Breathe – It’s Dead Dead Dead: It’s a Legal Text for Pete’s Sake

When I heard that Justice Antonin Scalia said the Constitution is “dead, dead, dead,” I took it to mean that we are far from a Constitutional government these days, that the document is useless and “dead” today under this administration and several before Obama. I got it wrong, thankfully. “It’s legal text, for pete’s sake.” In his comments at Southern Methodist University he said he listens to children touring the U.S. Supreme Court building referring to the Constitution as a “living document.” Scalia says we must interpret the Constitution as the Founders did.  After sitting on the Robert’s Court throughout the ObamaCare ruling, Scalia may be showing a strong belief in this country’s adherence to the Constitution is not daunted, but he must know it’s a fact that it has received a near fatal blow, and continues to be bludgeoned every day, Executive Order, by Executive Order, legislation by legislation.

SCOTUS Associate Justice Antonin Scalia

SCOTUS Associate Justice Antonin Scalia

He recently spoke at Princeton, as well:

The Supreme Court Justice also stated similar comments regarding the Constitution during his visit to Princeton University. “The Constitution is not an organism; it’s a legal text, for Pete’s sake,” he said. “Unless you give [the laws] the meaning of those who enacted them, you’re destroying democracy.”

On Scalia’s speech at Southern Methodist:

Justice Scalia discussed how children would visit the Supreme Court and refer to the Constitution as a “living document” but that the Constitution is, in fact, “dead.” A staunch conservative and “textualist,” Scalia believes the law must be taken literally and that the original meaning of the Constitution is the best way to interpret it.

I would love to see Scalia take the teachers herding the children through the facility into his office and school them hard, but if he had access to the teachers, Justice Ginsberg, Sotomayor and Kagen would as well, so parents, it’s up to you to know what your children think they know about our Founding Documents and fix it if it’s wrong. H/T to FB Friend Pat Noonan


  • It’s too bad John Roberts isn’t on board with Justice Scalia.

  • I must agree with Justice Scalia. If it’s alive then it will go through changes. It never was alive. It’s the foundation that the house of America is built on. It’s a rock. It should never change. Leave it alone. It’s my belief that God directed and guided the men who wrote it. Most won’t agree with me, but I feel like it’s kind of like … “kin” … to the Bible.