Antonin Scalia Didn’t Let His Own Opinion Interfere With His Sense of Justice

Even on hot-button issues, he always sided with the Constitution. On today’s show, journalist and editor Ed Whalen shared some stories about the late Supreme Court Justice Antonin Scalia and talked about the new book, “Scalia Speaks,” which compiles some of the justice’s greatest speeches.

“It’s a real treasure trove of Justice Scalia’s thoughts,” Whalen said. “Not just on law, but on faith, on learning, on life.”

One example of Scalia’s emphasis of rule of law and the Constitution was his opinion on flag-burning, which he said was protected speech under the First Amendment – even though he personally hated that decision.

This article provided courtesy of TheBlaze.

GLENN: I can't think of a time in American history, in the -- in my lifetime, that it's been harder to find a man who will stand up for what is right even against all odds and stand up because it is right, even if it hurts him. I've never experienced a time in my life where it is more important to zoom out and look at the big principles as opposed to zooming in and seeing the daily squabbles.

And that's what we want to do here in this segment.

STU: Yeah, there's a new book called Scalia Speaks: Reflections on Law, Faith, and Life Well-Lived. Antonin Scalia is certainly a guy that represents what you're talking about.

And the book is by -- one of the coeditors is Ed Whelan. You've probably read his stuff online with National Review. And the book just came out. And Ed joins us now.

GLENN: Hey, Ed, this is a collection of speeches. Some of them were unknown that he gave?

ED: That's right, Glenn. Actually, almost all of them had never been published anywhere before. It's a real treasure trove of Justice Scalia's thoughts, not just on law, but on faith, on learning, on life. I think everyone will find it just a delight.

GLENN: So, Ed, could you find any place -- as you were looking at his speeches and you were looking at his life, could you find any place to where you think he was deeply conflicted in the sense that he didn't want to make a decision or didn't want to do something, but because he believed in the Constitution, he did make that tough choice?

ED: Well, he made it quite clear that one example of that is on the matter of flag-burning. That, you know, he made the decisive vote back in the late '80s, holding that laws that specifically target flag-burning violate the First Amendment. He makes it quite clear, that if he had his way, you know, hippie flag burners would be tossed in jail. So that's just one example.

Lots of areas of criminal procedure are another. And then even on the hot-button issues. That are so contested. It's important to recognize that his position was that these were matters left to the democratic processes to decide one way or another. He did not, unlike folks on the left, misread the Constitution, to impose his supposed views on say abortion or marriage.

GLENN: One of the things that is going on right now is this idea that our rights come from God and not the government. And it seems bizarre at how many people believe that somehow or another, that rights don't come from God. That they do come from a man-made source.

Did you find anything where he was talking about that?

ED: Oh, absolutely. It recurs throughout his speeches. His recognition that our founding principles recognize that our rights come from God. And the Constitution sets up a structure that's designed to protect and fulfill those rights. Absolutely. That's at the very heart of his understanding of what America is.

And I would just add that on this Columbus Day, you know, what better opportunity to highlight the first Italian American justice, a justice who celebrated that one could both be Italian American and be 100 percent American. It's a beautiful speech that he gave just a month after he got on the court, where he talks about what makes an American. Says, no matter your blood, your place of birth, what makes it is embracing the principles of this country. And I'm afraid we see too many people abandoning those principles, in your example of believing that rights are whatever government confers are just one example.

STU: Yeah, Ed, it's amazing on Columbus Day today, where they have security around the Columbus statue, has now become some big controversy. Where Scalia in 2005 was able to become the grand marshal of the Columbus Day parade. Which was a really big deal to him.

ED: It was a huge deal. He just delighted in it. He had marched in the parade when he was a junior ROTC in Xavier High School in Manhattan. And as he said decades later, this is the top of the hill, to be grand marshal in your hometown. For an Italian kid from Queens, there could be no greater thrill than to march one last time as grand marshal of the Columbus Day Parade.

So he took great pride in being Italian American. But, again, he emphasized he wasn't a partial American. He and other Italian Americans could be fully American, precisely because they embraced the American creed.

GLENN: So as you look at today's landscape, do you see many people like him?

ED: He is in many respects, one of a kind. At the same time, he has a tremendous legacy in the law clerks, law students, lawyers he has influenced. So I think in the legal realm. We are very much living in a legal world that is defined around Justice Scalia. And many folks define themselves against him. But many others define themselves with him. And I think you see in Justice Gorsuch's selection and confirmation, just one of the many great legacies of Justice Scalia.

I think we see from the book that is Justice Scalia the man in full? The man -- a deep man -- a man of deep faith. A man who recognized that the ultimate test of life is to live out one's faith properly. It's a beautiful speech called The Christian Is Cretin (phonetic), meant ironically, that spells that out.

But, again, one of the key points he makes throughout the book in so many speeches is that his obligation as a faithful Catholic is to not misconstrue the Constitution and other laws, to indulge his views. His very obligation as a Catholic means that he -- that he shall not misread the Constitution. As he put it, the only commandment of his faith that really bore on his judging was, thou shall not lie. Thou shall not lie about the meaning of the Constitution or of other laws.

STU: Ed -- we're talking to Ed Whelan, he's the author of Scalia Speaks: Reflections on Law, Faith, and a Life Well-Lived.

The book itself is really, as you kind of pointed out, is his whole world. Right? It's him as an individual person. His faith, his life, and the legal stuff.

He entered into my thinking over the last week, however, as it relates to the tragedy in Las Vegas. And, you know, obviously the response to that has been largely, which ways will we further infringe our right to bear arms?

And it feels like -- I was interested to see if you had perspective on what Scalia believed, not only on something like this, where you have bump stocks, for example, to potentially be banned, but also the automatic weapons ban itself. What was his line when it came to where that right to bear arms stopped?

ED: Well, we have his opinion in DC versus Heller. And, you know, I think it's far-fetched for somebody on the other side to try to claim some other connection between this and the horrible incident last week.

I think it's more relevant to recognize that Justice Scalia drawing on the Framers saw that virtue in the citizenry was essential to the survival of this country.

And when you have -- you know, just a deep collapse in -- in morals and respect for life, you know, that's going to lead to some very bad things.

So I don't know what his -- his particular, you know, views might have been on gun policy or these bump stocks, whatever these are called. But, you know, the ruling in DC versus Heller was regarding a much narrower -- and I think, again, this fellow who committed a massacre certainly violated gun law after gun law. It would be a non sequitur to discuss that the absence of gun laws was a problem.

GLENN: Ed, how is Gorsuch going to -- how is he fitting these shoes?

ED: Well, Justice Gorsuch made it quite clear that he's dedicated to originalism. He's the first justice who is educated at law school, at a time when Scalia had influenced what law is, what constitutional interpretation is. I think that's a significant fact. I am very hopeful that Justice Scalia -- excuse me -- Justice Gorsuch will be a supremely fit successor to Justice Scalia. He's starting out very well so far, and his record on the Tenth Circuit I think speaks very highly of his abilities.

GLENN: Ed, thanks a lot, I appreciate it.

(music)

STU: Ed Whelan. The book is Scalia Speaks: Reflections of Law, Faith, and a Life Well-Lived. That's available everywhere now. And he's also with the National Review and the Ethics on Public Policy Center.

GLENN: Garbage in, garbage out. Make sure everything that you're reading, everything you're doing, you're putting in really good basic information and fuel into your mind. And this is a good place to start.

Soros is trying to elect MORE TEXAS RINOs. Here's how YOU can stop him.

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Texas is under threat of a George Soros-backed takeover.

Soros-funded RINO judges have been elected in some of the highest courts in Texas. These judges implemented restrictions that have blocked nearly a thousand cases of voter fraud from being investigated or prosecuted from across the state. These new restrictions are similar to ones in place in states like George, Arizona, and Wisconsin, leaving Texas more susceptible to election corruption than ever. If Texas falls to corruption, America will lose its largest bastion of conservative electoral power in the nation. Without Texas, Republicans WILL NOT be able to win national elections and liberal corruption will go unchecked across the country.

Fortunately, there is a way to stop this: YOU.

If you live in Texas you have a chance to stand up against corruption and to fight back! Starting Tuesday, February 20th, early voting for the primaries begins, where three of these judges are up for election. Go out and vote. If the right people are voted in, there's a good chance the restrictions will be lifted and election fraud can once again be prosecuted.

But remember, you can't just go in and vote for anyone who has an "R" next to their name. Sorors knows that a registered Democrat would never stand a chance in Texas, so his lackeys register as Republicans and ride the little "R" right into office. So who do you vote for?

Fortunately, Glenn had Texas Attorney General Ken Paxton on his show today and Ken gave us his list of judges that he vouches for. His list is as follows:

  • Gina Parker
  • Lee Finley
  • David Schenck
The Primary Election runs from February 20th to March 5th. This is your chance to get out there and make a difference. It might be the most important election you ever participate in. If you need to know where your nearest polling location is, or any other information regarding the election, you can go to votetexas.gov to find out more.
It's time to stand up.

Hypocrisy EXPOSED: The 'Amazon Files' and what WE are doing about it

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Who is really banning books?

For years now, Conservatives have been taking flak from the left for supposed "book bans." The left likes to compare these "bans" to Nazi book burnings, accusing the right of sweeping authoritarian decrees designed to suppress information. In reality, this is a movement largely motivated by parents, who want to remove inappropriate books from children's libraries.

But if you want to discuss authoritarian book bans, look no further than the White House. As Glenn recently covered, the Biden administration has been pressuring the world's largest bookseller, Amazon, into suppressing books they disagree with.

On February 5th, 2024, Ohio Representative Jim Jordan released a slew of subpoenaed documents that exposed pressure placed on Amazon by the Biden Administration. The documents, which Jordan dubbed "The Amazon Files" after Elon Musk's "The Twitter Files," revealed an email conversation between Andrew Slavitt, a former White House senior adviser, and Amazon employees. In these emails, Slavitt complained that the top search results for books on "vaccines" were "concerning" and then requested that Amazon intervene. Amazon initially refused, not out of some altruistic concern for the free exchange of information. They thought any action taken would be "too visible" and would further exasperate the “Harry/Sally narrative,” referring to the outrage that followed Amazon's removal of Ryan T. Anderson’s book When Harry Became Sally.

Despite this initial refusal, Amazon agreed to meet with the White House a few days later. The number one item on their agenda was removing books from the website. An Amazon employee even admitted that the reason they even took this meeting was due to the pressure being placed on them by the Biden Administration.

What was the result of this meeting? Amazon caved. They began to implement ways of limiting the outreach of books that challenged the mainstream vaccine narrative and other books the White House might not like.

The White House was caught red-handed pressuring the world's largest bookseller to restrict the sale of books they consider in opposition to their narrative, and they have the gall to accuse conservatives of information suppression. This is just ONE of many actions committed by the Biden Administration that are more characteristic of a dictator than a president.

What can you do about it? Fortunately, you are not dependent on Amazon and its corrupted algorithm to help you find books. Every week right here on GlennBeck.com, we highlight books that Glenn is reading or talking about in our "Glenn's Bookshelf" series. Here you can find a wide selection of books free from Amazon's filters. Be sure to sign up for Glenn's newsletter to find out about new additions to "Glenn's Bookshelf" every week.

10 times Biden has acted like a DICTATOR

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The left-wing media's most recent tirade is accusing Trump of being a dictator. But, as Glenn said, "Everything they're accusing us of, they're doing."

Since day one, the Biden administration has overstepped the bounds placed on the executive branch set by the Constitution. In Glenn's most recent TV Special, he examined ten times Biden acted like a dictator, NOT a president. Here are 10 of Biden's Dictator Moves, and click HERE to get ALL of the research that went into this week's Glenn TV special:

5 ways to protect your First Amendment rights. Number 4 will surprise you.

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Every day it seems Glenn covers another story revealing how people across the world at all levels of power DESPISE the fact that YOU have rights, and they are actively trying to curtail them. Recently, there has been a string of attacks against the rights outlined in the First Amendment: the freedom of religion, the freedom of speech, the freedom of press, the freedom of assembly, and the freedom to petition.

As a refresher, the First Amendment reads as follows:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This is powerful stuff, there is a good reason the Founding Fathers made it the FIRST Amendment. It's also the reason why power-hungry elites are attacking it. These attacks are designed to control the way you think, speak, and believe, vote, what you read, and who holds your representatives responsible. The First Amendment is our strongest weapon against tyrants, and they know it.

So what can you do about it? Hope that some wig in Washinton will eventually do something? We know how well that works. The best thing to do is to stay active, engage in the issues you care about, and exercise your rights.

So where to start? Here are a few things YOU can do to protect your First Amendment rights:

Religion

The best way to flex your Freedom of Religion is to—you guessed it—practice your faith. Become an active member in your place of worship, go to scripture studies, invite your friends to that late afternoon event, and walk the life. This can impact the way you spend money as well. Shop the businesses and brands that share your values, and don't shop at the ones that scorn them. Keeping the community alive and healthy is the best way to ensure that generations to come will be able to experience the freedom you enjoy.

Speech

Much like religion, the best way to protect your freedom of speech is... to speak. Engage your friends and family in polite, civil conversation. Stand up for what you believe in, and make your case to your peers. Just remember to keep it friendly. No one ever won an argument by shouting down their opponent. The civil exchange of ideas is the cornerstone of our republic, and a dialogue where the participants are well-informed, considerate, compassionate, and open-minded can have permanent impacts on all involved.

Press

Freedom of the Press seems a little tricky at first. Unless you work for the media, what are you supposed to do? Quit your job and go work for the local newspaper? The good news is that exercising this right is not nearly that difficult. In fact, you are currently doing it. The best thing you can do is to read from outlets that produce informative content. Want to know what Glenn consumes to stay informed every day? Sign up for Glenn's Morning Brief newsletter to get all the stories Glenn gets sent to his desk every day sent straight to your inbox.

Assembly

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Freedom of assembly is one of the more impactful yet underutilized freedoms in the First Amendment. Peaceably assembling and protesting with like-minded individuals can hugely influence politicians and policies while simultaneously creating community and fellowship between attendees. It's understandable why more people don't turn out. We're all busy people with busy schedules, and flying out to D.C. for the weekend seems like a daunting task to many. Thankfully, you don't have to go out all the way to D.C. to make a difference. Gather some like-minded people in your town and bring awareness to issues that impact your community. Big change starts locally, and exercising your freedom to assemble can be the catalyst to lasting impact.

Petition

If you've been a long-time listener of Glenn, then you will have heard a few of his calls to action where he asks his audience to contact their representatives about a particular piece of policy. There is a good reason Glenn keeps on doing those: they work. Whether it's your local mayor or your senator, a call and an email go a long way. If you really want to make a change, convince your friends and family to reach out as well.