Justice Scalia and Professor Strossen discuss civil liberties and the original meaning of the U.S. Constitution. Topics include the flag-burning case, police use of infrared detection, homosexuality, pornography, the due process clause, voting rights, Brown v. Board of Education, and the right to privacy. After their discussion they respond to audience members' questions.
Bio
Johnny Barnes
Executive Director, American Civil Liberties Union of the National Capitol Area
Albert A. Foer
Albert A. ("Bert") Foer is President of the American Antitrust Institute. His career has included private law practice in Washington, DC (Hogan & Hartson, Jackson & Campbell); the Federal Senior Executive Service (as Assistant Director and Acting Deputy Director of the Federal Trade Commission's Bureau of Competition); CEO of a mid-sized chain of retail jewelry stores for twelve years; trade association and non-profit leadership; and teaching antitrust to undergraduate and graduate business school students. Foer has published numerous articles and reviews relating to competition policy. He is a graduate of the University of Chicago Law School, with an A.B. (magna cum laude) from Brandeis University, and an M.A. in political science from Washington University.
Antonin Scalia
Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. He received his A.B. from Georgetown University and the University of Fribourg, Switzerland, and his LL.B. from Harvard Law School, and was a Sheldon Fellow of Harvard University from 1960-1961.
He was in private practice in Cleveland, Ohio from 1961-1967, a Professor of Law at the University of Virginia from 1967-1971, and a Professor of Law at the University of Chicago from 1977-1982, and a Visiting Professor of Law at Georgetown University and Stanford University.
He was chairman of the American Bar Association's Section of Administrative Law, 1981-1982, and its Conference of Section Chairmen, 1982-1983. He served the federal government as General Counsel of the Office of Telecommunications Policy from 1971-1972, Chairman of the Administrative Conference of the United States from 1972-1974, and Assistant Attorney General for the Office of Legal Counsel from 1974-1977.
He was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat September 26, 1986.
Nadine Strossen
Nadine Strossen, Professor of Law at New York Law School, has written, lectured, and practiced extensively in the areas of constitutional law, civil liberties, and international human rights. Since 1991, she has served as president of the American Civil Liberties Union, the first woman to head the nation's largest and oldest civil liberties organization.
Pete Williams
Pete Williams is an NBC News correspondent based in Washington, D.C. He has been covering the Justice Department and the U.S. Supreme Court since March 1993. Williams was also a key reporter on the Microsoft anti-trust trial and Judge Jackson's decision.
I do not concur with these three observations - Stossen makes her arguments based on the previous opinion of judges (or justices), therefore on past precedents - which in most cases are interpretations of the law removed from its original intention. Justice Scalia on the other hand makes his arguments based on the originality of the law or the context in which the law was originally made. In no way was Scalia defensive - indeed he paused before he answered questions, so as to word them they way he intends, particularly when it required subtle distinctions. In fact, Stossen fillibustred a lot, particularly when the premise of her arguments fell apart.
I also agree. It was a lively debate. Stossen gives Scalia a run for his money. She openly addresses Scalia's past decisions and stances on issues unabashedly. Scalia contradicts himself constantly, in the issues of religion concerning the Smith case and on the Ten Commandments. He has trouble backing his opinions and becomes very defensive instead of supplying concrete examples and proof.
I have to agree with you on this, Kid. Not that I disagree with Scalia's opinions, but he doesn't necessarily back his opinions on what law and judgement is with his avoidance of strong and important questions like rights of criminals and terrorists and his brushing aside of different religions after he talked about how religion is so important that it's a foundation of this country.
He loves to pretend that law is this finite idea and that it's set in stone. He loves to believe that the constitution can't be evolving and he has to decipher what the forefathers meant by what they wrote, but he starts off the whole discussion saying that he interpretted the constitution a certain way. Having to interpret the Constitution flies directly in the face of the idea that the Constitution and law can't evolve and must mean something specific. He bends his words to back up his own opinions and his crazy remarks about the Ten Commandments and how these differences among different religions and sects aren't relevant makes me angry that this man is who supplies "justice" for America. He is a sick and twisted man. Charismatic, but he is exactly what he says a Judge shouldn't be, an arbiter of truth that has his own opinion and changing the climate of the people because of his own take on law.