He was a skilled writer and blessed with a natural wit about him (“Antonin Scalia”). He was a very popular justice in which individuals usually either, “deeply admired or highly resented” him (Boyd 4). He served on the court for twenty-nine years before his passing (Totenberg). As you will see in the following pages, Justice Scalia was a prominent thinker on the Supreme Court who was passionate about the law. Influenced by his strict Catholic upbringing, Scalia was an originalist who often used textualism, original intent, and stare decisis to interpret constitutional cases. Scalia classified himself as an originalist. He stated, “I am one of a small but hardy group of judges and academics in the United States who subscribe to the principle of constitutional interpretation known as originalism. Originalists believe that the provisions of the Constitution have a fixed meaning when they are adopted, nothing more, and nothing less.”(Scalia 188). Many people support the idea of the living constitution, but Scalia was not one of them. He interpreted and applied the constitution as if it were …show more content…
The case of Gonzales v Raich (2005) focuses on the limits of the commerce power. In this case, California allowed its citizens to grow and use marijuana for medical purposes. However, the federal government did not allow the growing or use of marijuana for medical purposes. So whenever county sheriffs and federal drug agents entered an individual's home, the individual was not charged locally, but the federal agents seized and destroyed the marijuana because the individual was in violation of the Controlled Substances Act. The individual has been sued. The Court ruled the Congress had the power to regulate the possession of medical marijuana per the Controlled Substances Act. Scalia wrote the concurring opinion using stare decisis. Throughout Scalia’s opinion in Gonzales v Raich (2005), he states that the question of whether or not marijuana should be used for medical use is not for the court to decide