Even in death, he always had the last word. As debate over a possible recess appointment to the Supreme Court by Obama continues, Justice Antonin Scalia had already made the case against it.
“The court’s decision transforms the recess-appointment power from a tool carefully designed to fill a narrow and specific need into a weapon to be wielded by future presidents against future Senates,” Justice Scalia wrote in his usual unsparing language in NLRB v. Noel Canning.
And, as always, he took the side of the Constitution over everything else indicting the court for casting “aside the plain, original meaning of the constitutional text in deference to late-arising historical practices”. In clear and forceful language, he warned that “the Constitution’s core, government-structuring provisions are no less critical to preserving liberty than are the later adopted provisions of the Bill of Rights” in maintaining “the “enduring structure” of constitutional government”.
To Justice Scalia, liberty meant limiting the powers of government by maintaining the Constitution. A recess appointment, the topic revived by his passing, is as grave a threat to liberty as a violation of the First Amendment. He was convinced that government breaking its constitutional chains was the true threat to liberty. Attacks on the First or Second Amendment were symptoms of that larger problem.
Often outnumbered, but never outwitted, Justice Scalia saw government as a monster that the Founders had chained with manacles made of words. His task was reforging them with his voice and pen.
Leftist judges and lawyers love to style themselves as defenders of civil rights, but their idea of civil rights is providing unlimited power to government. Justice Scalia was an actual believer in civil rights. Unlike the activist leftist judges to whom the law is merely a means to a leftist end, dressing up their usurpation of power under the mocking name of “Living Constitution”, he was an Originalist who truly fought for civil rights every time he fought for the truth of the word of the law over the power of men.