Explore The NRA Universe Of Websites

APPEARS IN News

U.S. Supreme Court Justice Antonin Scalia 1936-2016

Friday, February 19, 2016

U.S. Supreme Court Justice Antonin Scalia 1936-2016

Longtime U.S. Supreme Court Justice Antonin Scalia, a stalwart defender of the U.S. Constitution and author of the critically important majority opinion in the District of Columbia v. Heller case, passed away on Feb. 13 at the age of 79.

 When Justice Elena Kagan was dean of Harvard Law School, she explained Justice Scalia’s monumental influence: “His views on textualism and originalism, his views on the role of judges in our society, on the practice of judging, have really transformed the terms of legal debate in this country.” In short, “He is the justice who has had the most important impact over the years on how we think and talk about law.”

Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense. That decision was made possible not just by what Justice Scalia did in 2008, but by a career dedicated to defending the Constitution.

As a law professor at the University of Virginia and the University of Chicago, as a judge on the D.C. Circuit Court of Appeals, and then for 30 years as a justice of the U.S. Supreme Court, Antonin Scalia was guided by two complementary principles: textualism and originalism.

“Textualism” means that whenever courts interpret any legal document—a Constitution, a statute or a contract—judges should consider first and foremost the precise words of the document. So in Heller, Scalia observed that the Second Amendment protects “the right of the people.” Justice Scalia’s landmark opinion in Heller affirmed the individual Second Amendment right, including the right to own handguns for self-defense. That decision was made possible not just by what Justice Scalia did in 2008, but by a career dedicated to defending the Constitution. 

He explained that the exact same phrase also appears elsewhere in the Bill of Rights: in the First Amendment, “the right of the people peaceably to assemble;” in the Fourth Amendment, “the right of the people to be secure” from unreasonable searches and seizures. In the First and Fourth amendments, everyone agrees that “the right of the people” refers to an ordinary individual right belonging to all Americans. Thus, the text of the Constitution shows that the Second Amendment is clearly an individual right for all Americans.

Justice Scalia’s other guiding principle was the original public meaning of the Constitution.

What did a given constitutional provision mean to the American people when they ratified it and made it “the supreme law of the land”? Justice Scalia did not invent originalism, an interpretive technique that is as old as the Constitution. But when President Ronald Reagan nominated Scalia in 1986, originalism had been in eclipse for decades. Supposedly, originalism was old-fashioned and outdated.

Over the course of the next three decades, Justice Scalia would explain that originalism, while not perfect, is the best method for judges to discern and enforce the law that the people created and to guard against judges arbitrarily imposing their own policy preferences under the guise of legal interpretation.

Justice Scalia’s majority opinion in Heller cited a mountain of public evidence that Americans in the Founding Era and the Early Republic understood the Second Amendment to guarantee an individual right. In dissent, Justice Stevens had little to work with, and he was reduced to arguing that even if the Second Amendment protects an individual right, it should yield to whatever the government considers necessary for public safety. The majority rejected that approach. “[T]he enshrinement of constitutional rights,” Scalia wrote, “necessarily takes certain policy choices off the table.”

Justice Scalia’s other guiding principle was the original public meaning of the Constitution.Unlike some previous Supreme Court justices, Scalia was neither pompous nor aloof. A father of nine and a grandfather of 28, he told young lawyers that there is more to life than work, and they should remember their duties to family and community.

Justice Scalia was not only an ardent and brilliant defender of Second Amendment rights, he exercised those freedoms as a marksman and avid hunter. Indeed, his sudden death, which stunned all those who cherish our guaranteed civil rights, occurred while he was on a hunting trip.

If our Second Amendment endures into the 22nd century, Justice Antonin Scalia will deserve much of the credit, and he will be studied and emulated by judges and law students. Today, we can be thankful for the legacy of a great justice and an exemplary man.

TRENDING NOW
Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Tuesday, September 9, 2025

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Last week, the Colorado State Shooting Association (CSSA), the official state affiliate of NRA, filed a lawsuit challenging Senate Bill 25-003...

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

Grassroots Spotlight: Oklahoma Rifle Association Annual State Convention

Take Action  

Monday, September 8, 2025

Grassroots Spotlight: Oklahoma Rifle Association Annual State Convention

Each year, the Oklahoma Rifle Association (ORA), the NRA's State Association for Oklahoma, hosts its Annual State Convention in August. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.