Scalia: Brain Dead, Dead, Dead

Law Professor Art Leonard:

Scalia recently took the position during a public talk that the Constitution is “dead, dead, dead” – not to say that the Constitution is meaningless, but rather to say that, in his view, the essence of a written Constitution is that its meaning is fixed upon its adoption and does not evolve over time. This view has never won a firm majority on the Court, but Scalia writes as if it is well-established, as it is in his own mind. Kennedy clearly disagrees, as do the four Democratic appointees and even, from time to time, Chief Justice Roberts. Only Thomas and, perhaps, Alito, seem to adhere to Scalia’s views on this.