Tea at Trianon: The Scalia Family

John Wilson Croker on Marie-Antoinette

"We have followed the history of Marie Antoinette with the greatest diligence and scrupulosity. We have lived in those times. We have talked with some of her friends and some of her enemies; we have read, certainly not all, but hundreds of the libels written against her; and we have, in short, examined her life with– if we may be allowed to say so of ourselves– something of the accuracy of contemporaries, the diligence of inquirers, and the impartiality of historians, all combined; and we feel it our duty to declare, in as a solemn a manner as literature admits of, our well-matured opinion that every reproach against the morals of the queen was a gross calumny– that she was, as we have said, one of the purest of human beings."

~from History of the Guillotine by John Wilson Croker, 1844

Edmund Burke on Marie-Antoinette

"It is now sixteen or seventeen years since I saw the queen of France, then dauphiness, at Versailles; and surely there never lighted on this orb, which she hardly seemed to touch, a more delightful vision. I saw her just above the horizon, decorating and cheering the elevated sphere she had just begun to move in, glittering like a morning star full of life and splendor and joy. Oh, what a revolution....Little did I dream that I should have lived to see such disasters fall upon her, in a nation of gallant men, in a nation of men of honor and of cavaliers! I thought ten thousand swords must have leaped from their scabbards, to avenge even a look which threatened her with insult. But the age of chivalry is gone; that of sophisters, economists, and calculators has succeeded...."

~Edmund Burke, October 1790

Sunday, October 18, 2020

The Scalia Family

From The Free Beacon:

"Enough to field a baseball team." That was the late Justice Antonin Scalia’s response when asked how many children he had. And he and his wife Maureen’s nine children have themselves parented, as of this week, 40 grandchildren. How big is the Scalia family? So big that, at the moment, it would not be allowed to hold an in-person gathering in the justice’s home state of New Jersey.

Even that count might not be accurate. Watching Judge Amy Coney Barrett testify before the Senate Judiciary Committee this week, I couldn’t help thinking that the Scalia family is larger than the individuals directly related to him. In both her September 26 remarks at the White House and her October 12 opening statement to the committee, Barrett spoke of the influence Scalia had on her life and identified herself with his approach to the law. "His judicial philosophy was straightforward: A judge must apply the law as written, not as the judge wishes it were," Barrett told the senators. "Sometimes that approach meant reaching results that he did not like. But as he put it in one of his best-known opinions, that is what it means to say we have a government of laws, not men."

Whether it was for the students he taught, or the clerks he hired, or the lawyers he mentored, or the readers of his work, Scalia modeled a form of jurisprudence rooted in the text of the Constitution and in the American political tradition. His approach came to be called originalism (in matters of constitutional interpretation) and textualism (in matters of statutory interpretation). But his legacy is far greater than these contributions to legal terminology and methodology. What this son of an Italian immigrant accomplished was nothing less than a revolution in the law—and the promulgation of a distinctly American conservatism that is needed now more than ever.

It was Scalia who was among the first faculty advisers of the Federalist Society, and who addressed the society’s first national gathering in 1982. Along with his colleagues Robert Bork and Laurence Silberman, Scalia stood for the idea that judges should interpret the Constitution and statutes based on their original public meaning. The clarity of his argument, the force of his intellect, and the charm of his conversation enlarged the audience for his views. That audience exploded in size after President Reagan elevated him to the Supreme Court in 1986. Over time, the strength of originalism’s reputation in legal circles became so overpowering that some liberal judges, such as Justice Elena Kagan, felt it necessary to describe themselves, however ironically, as "originalists." (Read more.)