Antonin Scalia Predicts the End of Democracy

Antonin Scalia, an associate justice of the United States Supreme Court, died on February 13, 2016. From all accounts he was a giant of an intellect committed to textualism in interpreting the constitution. He wrote clear and visionary dissents on many of the constitutional cases that he adjudicated.

Back in 2003 in Lawrence v. Texas the Supreme Court struck down all laws against homosexuality. At the time Scalia saw the implications and said, "Today's opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned."

In United States v. Windsor, which struck down the Defence of Marriage Act Scalia wrote, "As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe." He was referring to the inevitable legalization of same-sex marriage in all fifty states that would undoubtedly happen as a result of this decision.

Justice Scalia's words were fulfilled in 2015 in the case Obergefell v. Hodges where the traditional definition of marriage was struck down in all fifty states by the United States Supreme Court.

The passing of Justice Scalia was a dark day for those of us who hope that the moral evil of the Western world can be reversed. This next year is a pivotal year for the life of babies and religious liberty. Whole Woman's Health v. Cole is an abortion case which if it was decided against killing babies would shutdown many clinics. Zubik v. Burwell is a religious liberty case that would allow an exemption from participating in the funding of abortions.

The death of Justice Scalia brings into question the outcome of many of these cases, since a majority of justices going forward believe in an evolving constitution, which essentially allows the constitution to be made to say whatever they want it to say. Once again Justice Scalia sees clearly the outcome of this type of court beyond the immediate impact of these specific cases. In his book "Reading Law: The Interpretation of Legal Texts," Scalia writes.
Every tin horn dictator in the world today, every president for life, has a Bill of Rights, That’s not what makes us free; if it did, you would rather live in Zimbabwe. But you wouldn’t want to live in most countries in the world that have a Bill of Rights. What has made us free is our Constitution... The genius of the American constitutional system is the dispersal of power... Once power is centralized in one person, or one part [of government], a Bill of Rights is just words on paper.
Although progressives are ecstatic about these victories in the Supreme Court they don't realize they are losing the war. They think they are gaining freedom when really they are handing their freedom to nine justices on the Supreme Court. Now that the Supreme Court is on their side they are happy, but eventually the tide will turn and they will not like what those in power are coercing them to do. The individual rights of a person are being eroded one by one and therefore democracy is coming to an end.

Justice Scalia stood against this attack on freedom, but now that he is gone who will fight for liberty.


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