Lots of posts out there about Antonin Scalia as the faithful Roman Catholic. But the man sure sounded like he learned how to read the Constitution from Protestants:
Nonetheless, there is no escaping a verdict on his influence on American jurisprudence, and that verdict is not affected by the fact that he was a good buddy to prominent liberals. He was an advocate of two judicial ideologies, neither of which is intellectually tenable and which conflict with each other. Originalism was Scalia’s core ideological commitment, the idea that the Constitution should be interpreted as it was understood at the time of its ratification. He employed Originalism to question the idea that the Constitution is a “living document,” as liberal jurists held.
To be sure, there was a need for a conservative corrective after the high court starting snooping around the “penumbras” of the Constitution. As Justice Elena Kagan said in mourning Scalia’s death, “His views on interpreting texts have changed the way all of us think and talk about the law.” But, whether the Constitution is alive or not, the people whose government it intends to frame are most certainly alive and their circumstances change. Laws that cannot change with the lived circumstances of a people soon become disconnected from reality, and that disconnect will lead to the law being held in derision or ignored. . . .
Scalia’s other ideological commitment was to Textualism, the idea that the actual words must be interpreted in a kind of fundamentalist manner. This could conflict with Originalism. For example, an originalist would, like an historian, search for explanations as to what was intended by the drafters of a given text, to confirm that original intent and guarantee against latter day misinterpretations. But, Scalia famously loathed citations to legislative history. Textualism rests on the supposition that the Constitution is a self-interpreting text and if that were true, why would we need a Supreme Court? In practice, Textualism resulted in the conclusion that any given text meant exactly what Antonin Scalia thought it meant.
Of course, it’s not clear that Scalia’s hermeneutic was all positive. But it hardly sounds like it’s a product of deferring to the magisterium or to the development of dogma.