Scalia Event Draws Leading Ohio Constitutional Law Advocates

Ohioans for Justice’s kick-off event honoring the late U.S. Supreme Court Justice Antonin Scalia featured remarks from three of Ohio’s leading constitutional lawyers.

Dave Yost: Ohio Auditor of State

“Checks and balances in government means there are some things beyond an individual politician’s authority — for example, matters than belong to another branch of government.” 

“This year, ask the candidates to name one good thing that is beyond their authority to do. If the question stumps them, they are not Constitutionalists, regardless of what they say.”

Ben Flowers:  Former Clerk to Justice Scalia

“My co-clerks and I never once discussed with Justice Scalia whether a particular holding would make good or bad policy.”

“The reason was simple: Justice Scalia didn’t care.  He cared only about the text, and he’d do what it required, even when that meant permitting or promoting a policy that he thought foolish or abhorrent.”

“So when my clerkship ended, I left the Court believing wholeheartedly that judges who embrace textualism will interpret the law rather than make the law. I’d seen it done.”

Eric Murphy:  Ohio Solicitor General

“Justice Scalia constantly reminded us that the separation of powers—both between the three branches of the federal government and between the federal government and the States—are designed to promote the rights and liberties of all Americans.”

“In both speeches and opinions, he was fond of describing how the personal guarantees in our bill of rights were far more modest than those found in the bill of rights of some other countries (such as the former U.S.S.R.).” 

“But he would never trade our Constitution for theirs, because their protections were mere “parchment barriers” that could be easily evaded by a centralized power.”