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Interview with Supreme Court Justice Antonin Scalia

By Fox News Sunday, Fox News Sunday - July 29, 2012

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Special Guests: Supreme Court Justice Antonin Scalia

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This is a rush transcript from "Fox News Sunday," July 29, 2012. This copy may not be in its final form and may be updated.

CHRIS WALLACE, HOST: I'm Chris Wallace.adsonar_placementId=1502157;adsonar_pid=150758;adsonar_ps=-1;adsonar_zw=198;adsonar_zh=170;adsonar_jv='ads.adsonar.com';

Supreme Court Justice Antonin Scalia speaks out on some of the biggest issues facing the court and the country. It's a "Fox News Sunday" exclusive.

(BEGIN VIDEOTAPE)

(MUSIC)

WALLACE: We'll discuss the court's recent decision upholding ObamaCare.

Didn't Justice Roberts do what a good judge should do?

In the wake of the Colorado massacre, can government pass new gun laws?

Can a legislature ban semi-automatic weapons without violating an individual's constitutional right to bear arms?

And just how political is the court?

Will you time your requirement so that a more conservative president can appoint a like-minded justice?

Antonin Scalia, only on "Fox News Sunday".

Then, there are exactly 100 days until the election.

Mitt Romney tries to recover from a misstep in London. We'll have a report from his next stop in Israel.

And we'll ask our Sunday panel about the risk and reward of campaigning overseas.

And our power player of the week -- a champion athlete builds a new life right after the Olympics.

All right now on "Fox News Sunday".

(END VIDEOTAPE)

WALLACE: And hello, again, from Fox News in Washington.

Recent rulings by the U.S. Supreme Court on health care reform and immigration demonstrated once again what a central role the court plays in our government. The justices rarely do interviews or talk outside of the court about how they reach their decisions. But in a new book called "Reading the Law: The Interpretation of Legal Text," Justice Antonin Scalia, longest serving member of the court, as well as law professor Robert Garner, explain what they believe is the right way to decide cases.

And we are delighted Justice Scalia has agreed to join us today to talk about it.

Justice, welcome to "Fox News Sunday".

SCALIA: Thank you very much, Mr. Wallace. Glad to be here.

WALLACE: You -- in your book, you explain your approach to judging, which is called textualism or originalism. What exactly is that?

SCALIA: Originalism is sort of subspecies of textualism. Textualism means you are governed by the text. That's the only thing that is relevant to your decision, not whether the outcome is desirable, not whether legislative history says this or that. But the text of the statute.

Originalism says that when you consult the text, you give it the meaning it had when it was adopted, not some later modern meaning. So --

WALLACE: So, if it was the Constitution written in the 18th century, you try to find what those words meant in the 18th century.

SCALIA: Exactly, the best example being the death penalty. I've sat with three colleagues who thought it was unconstitutional, but it's absolutely clear that the American people never voted to proscribe the death penalty. They adopted a cruel and unusual punishment clause at the time when every state had the death penalty and every state continued to have it. Nobody thought that the Eighth Amendment prohibited it.

WALLACE: All right. You criticize and this gets to, as you say, some of your colleagues, another approach using a word I have to admit that I did not know existed prior to reading your book -- purposivism. Did I pronounce that correctly?

SCALIA: Yes, you did. It's a nice long word. I didn't make it up.

WALLACE: What does it mean?

SCALIA: [INAUDIBLE] What it means is -- and it's probably the most popular of form of interpretation in recent times. It means consulting the purpose of the statute and deciding the case on the basis of what will further the purpose. Now, textualists consult purpose as well, but only the purpose that is apparent in the very text.

I have to give you an example or you will not understand the difference. Let's assume a statute which provides that the winning party in litigation will obtain attorney's fees.

The issue is whether that includes the fees paid to expert witnesses which can, you know, amount to thousands of dollars. The purpose of this would be inclined to approach that by saying, you know, what's the purpose of the statute? The purpose is to make the plaintiff whole, so that the money he receives for winning the case is money he can keep and he doesn't have to spend half of it on expert witness. The textualist would not say -- would not say that. He would say what -- what is the understood meaning of attorney's fees. And, in fact, it was never thought to include expert witness fees.

WALLACE: All right. In a couple of years ago, one of your colleagues, who I think you would say is on the other side of the judicial divide, Justice Stephen Breyer on the show, and he said it is impossible to apply the law as it was written. Take a look.

(BEGIN VIDEO CLIP)

STEPHEN BREYER, U.S. SUPREME COURT JUSTICE: The Founders didn't know that commerce included airplanes. They didn't know about the Internet, or even television.

And so the difficult job in open cases where there is no clear answer is to take those values in this document which all Americans hold, which do not change. And to apply them to a world that is ever changing.

(END VIDEO CLIP)  Print  Email  Share    Recommend Tweet

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MR. SUNDAY’S SATURDAY NIGHT CHICKEN:

 

More Than 100 Delicious, Homemade Recipes to Bring Your Family Together

 

 By Lorraine Wallace

 

 

 

For more information, visit mrssunday.com and check out 'Mr. Sunday's Saturday Night Chicken' on Amazon.com

 

FNS Transcripts

July 29, 2012

Justice Antonin Scalia on issues facing SCOTUS and the country

July 22, 2012

Feinstein, Johnson debate stricter gun control; Netanyahu on dangerous times in the Middle East

July 15, 2012

Swing state governors talk entitlement reform; top political operatives talk campaign strategy

July 08, 2012

DNC, RNC chairs debate economy; key lawmakers on effort to repeal ObamaCare ADVERTISEMENT Follow Fox News Sunday

Follow us on Twitter to get exclusive updates and announcements from the show!

 @FoxNewsSunday

Fox News Sunday is on Facebook! Coming Up on FNS: July 29, 2012

Supreme Court Justice Antonin Scalia joins Chris Wallace for an Exclusive Sunday Show interview.  The justice will discuss his new book, the big decisions he’s been a part of and how they illustrate his judicial philosophy.

ADVERTISEMENT Wallace Watch

July 29, 2012

FNS Panel Plus: July 29, 2012

Watch the ‘FOX News Sunday' panel, Kimberley Strassel, Liz Marlantes, Chip Saltzman and Juan Williams as they discuss Supreme Court Justice Antonin Scalia and his impact on the Court, in our web exclusive Panel Plus.

Scalia Weighs in on Health Care Decision & Gun RightsThis week on Fox News Sunday: (7/29/12)Netanyahu: "Rock Solid Evidence" Against Iran Connect With FNS FacebookTwitterEmailFree PodcastBlogHulu On This Day

May 06, 2012

On This Day: May 6, 1960

President Eisenhower signed the Civil Rights Act of 1960.

FNS Poll Take Our Poll(survey software) Shows America Live Fox & Friends Weekend Happening Now Studio B America News HQ Fox News Watch Huckabee The Cost of Freedom America's Newsroom Fox Report Justice with Judge Jeanine The Five Cavuto Geraldo at Large Red Eye w/ Gutfeld The Journal Editorial Report Fox News Sunday Greta Special Report The O' Reilly Factor Fox & Friends First Hannity Specials War Stories Fox & Friends Networks Fox News 'Mr. Sunday's Saturday Night Chicken'

MR. SUNDAY’S SATURDAY NIGHT CHICKEN:

 

More Than 100 Delicious, Homemade Recipes to Bring Your Family Together

 

 By Lorraine Wallace

 

 

 

For more information, visit mrssunday.com and check out 'Mr. Sunday's Saturday Night Chicken' on Amazon.com

 

FNS Transcripts

July 29, 2012

Justice Antonin Scalia on issues facing SCOTUS and the country

July 22, 2012

Feinstein, Johnson debate stricter gun control; Netanyahu on dangerous times in the Middle East

July 15, 2012

Swing state governors talk entitlement reform; top political operatives talk campaign strategy

July 08, 2012

DNC, RNC chairs debate economy; key lawmakers on effort to repeal ObamaCare ADVERTISEMENT Follow Fox News Sunday

Follow us on Twitter to get exclusive updates and announcements from the show!

 @FoxNewsSunday

Fox News Sunday is on Facebook! Coming Up on FNS: July 29, 2012

Supreme Court Justice Antonin Scalia joins Chris Wallace for an Exclusive Sunday Show interview.  The justice will discuss his new book, the big decisions he’s been a part of and how they illustrate his judicial philosophy.

ADVERTISEMENT Wallace Watch

July 29, 2012

FNS Panel Plus: July 29, 2012

Watch the ‘FOX News Sunday' panel, Kimberley Strassel, Liz Marlantes, Chip Saltzman and Juan Williams as they discuss Supreme Court Justice Antonin Scalia and his impact on the Court, in our web exclusive Panel Plus.

Scalia Weighs in on Health Care Decision & Gun RightsThis week on Fox News Sunday: (7/29/12)Netanyahu: "Rock Solid Evidence" Against Iran Connect With FNS FacebookTwitterEmailFree PodcastBlogHulu On This Day

May 06, 2012

On This Day: May 6, 1960

President Eisenhower signed the Civil Rights Act of 1960.

FNS Poll Take Our Poll(survey software) Shows America Live Fox & Friends Weekend Happening Now Studio B America News HQ Fox News Watch Huckabee The Cost of Freedom America's Newsroom Fox Report Justice with Judge Jeanine The Five Cavuto Geraldo at Large Red Eye w/ Gutfeld The Journal Editorial Report Fox News Sunday Greta Special Report The O' Reilly Factor Fox & Friends First Hannity Specials War Stories Fox & Friends Networks Fox News Fox Business Search

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