Justice Scalia's Soulcraft as Statecraft
20 Pages Posted: 22 Sep 2017
Date Written: June 15, 2017
In December 1986, just three months after his appointment to the Supreme Court. Justice Antonin Scalia explored the relationship between law, his Christian faith, civic virtue, and republican government. Three decades later, we can find the themes that he explored in those brief (and long-overlooked) remarks resonating through many of his subsequent judicial opinions, articles, and speeches.
Taking those writings together, we see the foundation for Justice Scalia's view of constitutional law and the work of judges in our constitutional system — and the crucial role that education must play in sustaining the virtues that undergird and sustain republican government.
This essay was written for a December 2016 workshop on Scalia and education, organized by Prof. Paul E. Peterson, for the Harvard Kennedy School's Program on Education Policy and Governance. It was later published in two versions: as an essay in the Fall 2017 issue of National Affairs, and as a chapter in "Scalia's Constitution: Essays on Law and Education," edited by Paul E. Peterson and Michael McConnell (2017).
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