U.S. Supreme Court Justice Antonin Scalia explains how he interprets the Constitution to a group of high school students from Thomas Jefferson School for Science and Technology in Alexandria, VA.

Discussion Questions

1. What is “the living Constitution”?
2. How does Justice Scalia interpret the Constitution? What does he mean that this type of interpretation, “used to be orthodoxy”?
3. Why does Justice Scalia believe, “the First Amendment does not guarantee free speech”? What distinction does he make between free speech and the freedom of speech? How does this analysis differ from a justice who believes in “the living Constitution”?
4. Explain how Justice Scalia’s Constitutional interpretation leads him to rule in support of the burning of the American flag despite his personal views. Do you think Justices should separate their personal views when deciding a court case? Why, or why not?
5. Click here to see the entire Students & Leaders program featuring Justice Scalia.