Justice Scalia Writes How-to Read Guide for Interpreting the Law (August 9, 2012)

Justice Scalia discusses his book on textualism and originalism, explaining his judicial philosophy and its application to modern legal issues. He differentiates textualism from strict constructionism and defends it against critiques, emphasizing the importance of historical context in interpreting legal texts. Scalia also addresses recent court decisions and the dynamics within the Supreme Court, particularly regarding the Obama health care decision and his dissenting opinion.

What is the primary focus of Justice Scalia's book as discussed in the first section?

• The future of legal interpretation

• The biography of Justice Scalia

• The philosophy of textualism and originalism

• The history of the Supreme Court

How does Justice Scalia differentiate textualism from strict constructionism?

• Textualism is more flexible than strict constructionism

• Strict constructionism is more modern than textualism

• Strict constructionism is a subset of textualism

• Textualism and strict constructionism are identical

According to Justice Scalia, why is it unnecessary for the Constitution to evolve over time?

• The courts can interpret it as needed

• The Framers included a provision for amendments

• It is already modern enough

• The Constitution is perfect as it is

What does Justice Scalia believe about the role of courts in limiting self-government?

• Courts should limit self-government only when necessary

• Courts should limit self-government based on public opinion

• Courts should never limit self-government

• Courts should frequently limit self-government

How does Justice Scalia view the relationship between the courts and the Constitution regarding new phenomena?

• The courts should create new laws for new phenomena

• The principles of the Constitution should be applied to new phenomena

• The Constitution should be re-written for new phenomena

• New phenomena should be ignored by the courts

What is Justice Scalia's stance on the application of the Second Amendment to modern weapons?

• All weapons should be allowed

• Certain restrictions are traditional and enforceable

• The Second Amendment is outdated

• Only traditional weapons are allowed

In the context of the Affordable Care Act decision, what was Justice Scalia's view on the use of the power to tax?

• He thought it was irrelevant to the case

• He dissented, viewing it as a penalty, not a tax

• He believed it was a proper application of textualism

• He agreed with the majority opinion