The Scalia I Knew Will Be Greatly Missed
"Much of Scalia’s work reflects his passionate commitment to the rule of law. In interpreting statutes, he was a “textualist,” in part because he thought that if judges followed the text, the legal system would become less unpredictable. He believed in adhering to the original meaning of the Constitution in large part because he sought to reduce the risk that judges would make up the law as they went along.
Under both Republican and Democratic presidents, he vigorously defended the controversial principle that administrative agencies, not courts, should be authorized to interpret ambiguous statutes (so long as their interpretations are reasonable). He insisted that this principle sets out a clear rule for everyone to see – and thus promotes predictability while also constraining the federal judiciary.
He was also a fierce defender of the “rule of lenity,” which means that where Congress has not spoken clearly, criminal defendants get the benefit of the doubt. Many liberals have been puzzled by Scalia’s willingness to embrace this principle. They shouldn’t be. For him, the rule of law comes first. People shouldn’t go to jail unless Congress has given them fair notice."
HT:MN
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