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October 7, 2013


Justice Scalia on the Devil: “He just got wilier”

There is a very readable and wide-ranging interview with Justice Antonin Scalia at New York Magazine this week. On display from the very start is his quick wit, as in this exchange:

Had you already arrived at originalism as a philosophy?

I don’t know when I came to that view. I’ve always had it, as far as I know. Words have meaning. And their meaning doesn’t change. I mean, the notion that the Constitution should simply, by decree of the Court, mean something that it didn’t mean when the people voted for it—frankly, you should ask the other side the question! How did they ever get there?

But as law students, they were taught that the Constitution evolved, right? You got that same message consistently in class, yet you had other ideas.

I am something of a contrarian, I suppose. I feel less comfortable when everybody agrees with me. I say, “I better reexamine my position!” I probably believe that the worst opinions in my court have been unanimous. Because there’s nobody on the other side pointing out all the flaws.

Really? So if you had the chance to have eight other justices just like you, would you not want them to be your colleagues?

No. Just six.

The interview covers many topics, including one of my favorites—namely, how politically driven legislatures can sometimes do the dumbest things. Just because what they pass is dumb, however, does not mean that it is unconstitutional:

You’ve described yourself as a fainthearted originalist. But really, how fainthearted?

I described myself as that a long time ago. I repudiate that.

So you’re a stouthearted one.

I try to be. I try to be an honest originalist! I will take the bitter with the sweet! What I used “fainthearted” in reference to was—

Flogging, right?

Flogging. And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that’s stupid is not unconstitutional. I gave a talk once where I said they ought to pass out to all federal judges a stamp, and the stamp says—Whack! [Pounds his fist.]—STUPID BUT ­CONSTITUTIONAL. Whack! [Pounds again.] STUPID BUT ­CONSTITUTIONAL! Whack! ­STUPID BUT ­CONSTITUTIONAL … [Laughs.] And then somebody sent me one.

On Pope Francis I (Justice Scalia is a churchgoiing Roman Catholic, remember):

What do you make of the new pope?

He’s the Vicar of Christ. He’s the chief. I don’t run down the pope.

I’m not inviting you to run down the pope. But what do you think of his recent comments, that the church ought to focus less on divisive issues and more on helping the poor?

I think he’s absolutely right. I think the church ought to be more evangelistic.

But he also wanted to steer its emphasis away from homosexuality and abortion.

Yeah. But he hasn’t backed off the view of the church on those issues. He’s just saying, “Don’t spend all our time talking about that stuff. Talk about Jesus Christ and evangelize.” I think there’s no indication whatever that he’s changing doctrinally.

I spent my junior year in Switzerland. On the way back home, I spent some time in England, and I remember going to Hyde Park Corner. And there was a Roman Catholic priest in his collar, standing on a soapbox, preaching the Catholic faith and being heckled by a group. And I thought, My goodness. I thought that was admirable. I have often bemoaned the fact that the Catholic church has sort of lost that evangelistic spirit. And if this pope brings it back, all the better.

And then there is this truly illuminating exchange about Hell and Satan (illuminating, that is, as to the interviewer’s completely secular bias):

Do you believe in heaven and hell?
Oh, of course I do. Don’t you believe in heaven and hell?

No.

Oh, my.

Does that mean I’m not going?

[Laughing.] Unfortunately not!

Wait, to heaven or hell?

It doesn’t mean you’re not going to hell, just because you don’t believe in it. That’s Catholic doctrine! Everyone is going one place or the other.

But you don’t have to be a Catholic to get into heaven? Or believe in it?

Of course not!

Oh. So you don’t know where I’m going. Thank God. [ASH note: sic—yes, the interviewer who doesn’t believe in heaven or hell still said “Thank God”!]

I don’t know where you’re going. I don’t even know whether Judas Iscariot is in hell. I mean, that’s what the pope meant when he said, “Who am I to judge?” He may have recanted and had severe penance just before he died. Who knows?

Can we talk about your drafting process—

[Leans in, stage-whispers.] I even believe in the Devil.

You do?

Of course! Yeah, he’s a real person. Hey, c’mon, that’s standard Catholic doctrine! Every Catholic believes that.

Every Catholic believes this? There’s a wide variety of Catholics out there …

If you are faithful to Catholic dogma, that is certainly a large part of it.

Have you seen evidence of the Devil lately?

You know, it is curious. In the Gospels, the Devil is doing all sorts of things. He’s making pigs run off cliffs, he’s possessing people and whatnot. And that doesn’t happen very much anymore.

No.

It’s because he’s smart.

So what’s he doing now?

What he’s doing now is getting people not to believe in him or in God. He’s much more successful that way.

That has really painful implications for atheists. Are you sure that’s the ­Devil’s work?

I didn’t say atheists are the Devil’s work.

Well, you’re saying the Devil is ­persuading people to not believe in God. Couldn’t there be other reasons to not believe?

Well, there certainly can be other reasons. But it certainly favors the Devil’s desires. I mean, c’mon, that’s the explanation for why there’s not demonic possession all over the place. That always puzzled me. What happened to the Devil, you know? He used to be all over the place. He used to be all over the New Testament.

Right. What happened to him?

He just got wilier.

He got wilier. Isn’t it terribly frightening to believe in the Devil?

You’re looking at me as though I’m weird. My God! Are you so out of touch with most of America, most of which believes in the Devil? I mean, Jesus Christ believed in the Devil! It’s in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the Devil! Most of mankind has believed in the Devil, for all of history. Many more intelligent people than you or me have believed in the Devil.

I hope you weren’t sensing contempt from me. It wasn’t your belief that surprised me so much as how boldly you expressed it.

I was offended by that. I really was.

Be sure to go and read the whole thing.


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3 comments

Great find, Allan.  Thanks for linking it.  A very enjoyable read.

[1] Posted by Timothy Fountain on 10-7-2013 at 06:06 PM · [top]

If he retires before Obummer is out, it’s dark days. It’ll be hard to see how we could recover.

[2] Posted by SpongJohn SquarePantheist on 10-8-2013 at 10:59 AM · [top]

Excellent article - thanks.

[3] Posted by B. Hunter on 10-9-2013 at 05:18 PM · [top]

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