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.

Dockworker strike: Everything you need to know

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At midnight on September 30th, dockworkers across the East Coast went on strike, effectively cutting the country's import and export capabilities in half.

Don't go out and panic buy a pallet of toilet paper and instant ramen just yet. It's going to take some time for the full effects of the strike to be felt and hopefully, the strike will be good and over by then. But there are no guarantees, and this election cycle could get significantly more insane as we draw near to the election. And even if the strike is settled quickly, it shows growing cracks in our infrastructure and industrial capacity that needs to be addressed if America wants to maintain its global dominance.

Here is everything you need to know about the dockworker strike:

What do the dockworkers want?

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As with most strikes, pay is the driving factor behind this situation the country now finds itself in. The longshoremen want more pay, and with rising inflation who can blame them? After all, working the docks is hard and dangerous business, and fair compensation only seems... fair. But when you compare the wage of a dockworker, which is around $100,000 to $200,00 a year to the average income in America of $56,000, suddenly they seem significantly less sympathetic.

How much money are they asking for? For most Americans, a three percent raise is considered high, but the unions are asking up to 15 percent, depending on location. On top of that, they are asking for a 77 percent raise over the next six years. The West Coast dock workers recently made off with a 36 percent raise and were considered lucky. These increases in costs are just going to be transferred to the end consumer, and we'll likely see a jump in prices if these terms are accepted.

The other major ticket item is protection against automation. Autonomous ports are quickly becoming a reality, with major ports in China that are capable of handling vast amounts of cargo being run by a single office, not an army of dock workers. Naturally, the longshoremen are concerned that their jobs are at risk of being replaced by machines that can work harder, longer, for cheaper, and without risk of injury.

How will it affect Americans?

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Don't panic yet!

It is going to take some time for consumers to feel the effects of the strike and it is possible that a resolution could happen at any time.

Week one should be pretty much business as usual. It might be a good idea to stock up on fruit and other perishables, but there is no need to go COVID-lockdown-crazy yet.

Week two is when you'll first start feeling the pinch. Fresh fruits and veggies will become scarce, along with other imported goods like shoes, toys, and TVs. Prices will start to creep up as the shelves will start to look a little sparse. The supply of tools, lumber, and other hardware materials will also begin to dry up.

By week three, the cracks in the system will really start to show. Entire industries will begin to slow down, or even stop. Factory workers will get furloughed and sent home without pay. Stores will have to ration items, prices will be sky-high, and online orders will come to a standstill. At this point, the strike will have escalated into a full-blown crisis, and even if it was resolved immediately, it would still take weeks to restore everything to working order.

At the four-week mark, the situation will have developed into a national security crisis, and as Glenn describes, a poly-crisis. Small business will be closing their doors, entire brands will be out of stock, and everything that remains will be so expensive it is unaffordable. By this point, the holiday season will be drawing near and there will be a rush on any sort of gift or decor items left. At this point, irreparable damage to our economy will have occurred and it will be months if not years before it can be mended.

While that sounds bleak, with the election just around the corner, it seems unlikely that the Biden-Harris administration will let it get that bad. That being said, their administration has not been characterized by good decision-making and reasonable policy, so there are no guarantees.

What can be done?

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The big question is "Why hasn't Biden already done something?"

President Biden, who ran on the image of a blue-collar, union-worker, has been uncharacteristically absent from the issue. Despite his earlier involvement in a train strike, Biden has declared that involvement in union fights is not a presidential issue unless it getsreally bad.

So where's the line? At what point will he step in? He has to understand that an economic crisis right before the election will reflect poorly on Kamala.

Join Glenn TONIGHT for BlazeTV's exclusive VP debate coverage!

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Join Glenntonight for Vice Presidential debate coverage you do not want to miss!

Tonight is the first (and only) Vice Presidential debate, and it will be hosted by CBS News. But don't be reliant on CBS News or any other mainstream media channel for their biased coverage. Join the BlazeTV live stream tonight to get the uncensored truth alongside top-quality commentary from Glenn and the rest of the world-class panel.

Glenn is joined by Megyn Kelly, Liz Wheeler, Allie Beth Stuckey, Steve Deace, Jill Savage, Dave Landau, and more to cover the CBS News Vice Presidential Debate. Blaze Media subscribers gain access to live chat with the fantastic panel of hosts! If you subscribe today by visiting BlazeTV.com/debate you will get $40 off of your annual subscription with code DEBATE. This is the largest discount ever offered, so take advantage NOW!

See you TONIGHT at 8 PM ET for an event you do NOT want to miss it!

POLL: Can the VP debate affect the election?

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The first (and likely only) Vice President debate will be held on CBS News on Tuesday, October 1st.

The debate takes place at 9 p.m. Eastern Time and will be the first time we see J.D. Vance and Tim Walz face off in person. Typically, the VP debate is little more than a formality, and rarely does it affect the election in any significant way. But this is no ordinary election. The stakes are higher than they have been in years, and Trump and Harris are still in a razor-thin race, according to the polls. Both Vance and Walz are relative newcomers to the national stage and still have room to make an impression on the American people, and with the race as tight as it is, that might make all the difference.

So what do you think? Can this VP debate make an impact on the election? Are you going to tune in? And what sort of questions and issues need to be brought up? Let us know in the poll below:

Will this VP debate be important in the overall election?

Are you going to watch the VP debate?

Should the debaters be asked about the Biden-Harris administration's failing economy?

Should the debaters be asked about climate change and energy policy?

Should the debaters be asked about the rise of globalism?

Five things that PROVE Kamala's plan for climate authoritarianism

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If you wanted to cripple America for years, what would be the best way to go about it?

If your mind immediately went to the power grid, you think a lot like Glenn. For decades the secret to America's growth and prosperity has been its abundant and relatively cheap energy. Electricity has been so cheap for so long that many Americans take it for granted, though raising prices has put it back on many people's radars.

There are forces on the Left, including Kamala Harris, who is working to be "unburdened by what has been," and plunge America into a dystopian future where only the elite can afford "luxuries" like A/C and dishwashers. While Kamala has either remained silent or been dismissive of her radical climate policies, here are things that prove that Kamala has disastrous plans for our energy future:

Kamala endorsed the Green New Deal

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In 2019, then-Senator Harris was proud to co-sponsor the Green New Deal. This was, by all metrics, the most authoritarian legislation in U.S. history. It was so over the top, cartoonishly evil, that it hardly seemed real. It aimed to ban all coal, oil, natural gas, and nuclear power, and dismantle and rebuild every aspect of our lives, from what we eat to how we travel (for the worse). It also aimed to provide economic security to those "unwilling to work," aka, money for nothing.

Had several failed climate actions

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After the Green New Deal was defeated, Kamala tried several times to pass something similar. First was the "Comprehensive Climate Plan" which she introduced during her 2019 presidential bid. This plan had a staggering 10 TRILLION DOLLAR price tag, which is double the entire U.S. federal budget and aimed at exceeding the Paris Agreement climate goals.

In 2020, she introduced the Climate Equity Act, which would have created another government office called the "Climate and Environmental Equity Office.” This office would review all congressional bills and judge their potential impact on "communities that have experienced environmental injustice or are vulnerable to climate injustice.” As if that wasn't overreaching enough, it would also require every government agency to publish a biannual "climate and environmental justice accountability agenda.”

Finally, she pushed the “Environmental Justice for All Act,” which is exactly what it says on the tin. It boils down to a bunch of new rules and advisory bodies that would give cash handouts to "environmental justice communities." Fortunately, just like the other two this one never saw the light of day.

Inflation reduction act

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The crowning jewel of Kamala's "historic" vice presidency was when she cast the tie-breaking vote to pass the Green New Deal Jr, otherwise known as the Inflation Reduction Act. While it was obvious from the beginning that the Inflation Reduction Act had nothing to do with inflation, and was just a climate change bill in disguise, Biden recently confirmed this to all the nay-sayers. Kamala confirmed that this was more than just another Biden gaffe when she admitted that it is "the single largest climate investment in American history.”

So what fruits does this wonderful piece of legislation have to offer? 60 out of the promised 2,000+ EV school buses. It is unclear if the delay is caused by schools backing out of the program due to the technological limitations of the busses or the outrageous cost- more than three times that of a traditional bus. Kamala's vision of the future sure is bright.

Skyrocketing home prices

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If the Inflation Reduction Act is the greatest climate bill ever, then we have a pretty good idea of how it affects the average American: poorly. Over the past year, U.S. electricity prices have risen 3.6 percent, which outpaces inflation. Current estimates suggest the average American is paying 5,000 dollars a year more on utilities than they were before Biden and Kamala took office. Not to mention all the new green mandates enforced on new homes, which on average is adding 31,000 dollars to the price of homes.

Judging by the climate-leading state of California, this is pretty standard. Californians' electricity bill has gone up over three times faster than the rest of the nation since 2008 and Californians collectively owe more than 2 billion dollars in unpaid utility bills. Not to mention the havoc green energy is playing on the electric grid.

Ban fracking

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Over the last fifteen years, the U.S. has reduced our emissions more than any other nation, but this was accomplished despite the authoritarian legislation, not because of it. Natural free-market developments have encouraged a transition from coal to natural gas, largely due to fracking, which has dramatically increased the availability of the fuel. A whopping 43 percent of American electricity is generated by natural gas, meaning its price has a huge impact on the cost of energy. So naturally the Biden-Harris administration has cracked down on natural gas and oil exploration, and in 2019 Kamala stated that she favored banning fracking. She has since walked back that statement, but seeing how hostile the administration has been towards fracking it's almost certain that a Kamala presidency would spell doom for natural gas.