Video: Justices Breyer and Scalia
http://www.youtube.com/watch?v=qjAYuMLDGyI
Start the video at 2:00 and end at 37:28.
1.
What does it mean to apply the law as opposed to doing justice in the
anecdote about Judge Hand and Justice Holmes? How do the two justices
differ on this question? What is the point of the tribal adoption case that
Scalia describes?
2.
What does Justice Scalia say is the difference between an appellate
court and a trial or district court in this respect?
3.
When does Justice Breyer say that providing justice for an individual
can override interpreting a statute?
4.
What is Justice Scalia’s objection to this?
5.
What does Justice Scalia say he doesn’t like the phrase “Living
Constitution?” What does Justice Breyer about what judges should do to
apply an 18th century document to the present?
6.
Why does Justice Scalia disagree? What is the solution that Scalia
proposes?