The S Word

As he fielded questions from the students, Scalia defended his methods of judicial interpretation, known as originalism, or interpreting the Constitution to mean what the framers originally intended.

"The constitution is not a living organism," Scalia said, espousing his belief that the Constitution's interpretation should not change over time. "It's a legal document." This theory of judicial interpretation supports change through legislation and persuading fellow citizens to pass laws, rather than using decisions of the Supreme Court to create legislation. "

The Supreme Court is essentially writing a new Constitution," he said. The Q-and-A opened with hostility as audience members expressed frustration with many of Scalia's opinions.

In asking about Scalia's dissent in Lawrence v. Texas and his view that privacy is not constitutionally protected, Eric Berndt, a law student, shocked the crowd by asking, "Do you sodomize your wife?"

Scalia refused to answer the question while the crowd gasped and the administrators promptly turned off Berndt's microphone.

I have to admit I felt a mild degree of amusement when I first heard about this yesterday, yet not enough that I remembered to post it until Amanda Marcotte over at the land of Pandagon reminded me.

Normally, I do not consider sodomy a laughing matter. Or Judge Scalia, for that matter - he's a tad scary, at best. That is not the view I've always held of him but it's my view today. Yet I digress.

Forgive me, it was Tax Day. Anything more interesting than a Schedule SE and a Form 9427F as specified by Publication 1313BJ seemed bleeping hilarious. Hearing Bush appoint Don King as the head of the Department of Education or the twins as the diplomatic ambassadors to The Gap would have missed my notice because - you must admit - some of his other appointments have seemed even stranger!