Antonin Scalia: The Importance of Structure in Constitutional Interpretation
Forward: The Importance of Structure in Constitutional Interpretation
Antonin Scalia, 83 Notre Dame L. Rev. 1417
The distinctive function of a constitution, after all, is to constitute the political organs, the governing structure, of a state. Many of the personal protections against the state taught in constitutional law courses here—restrictions upon unlawful searches and seizures, for example—used to be taught in Europe as part of administrative law. They were, to be sure, made part of our Constitution (though most of them as an appendage to the original document). And that was no doubt desired. But it is a mistake to think that the Bill of Rights is the defining, or even the most important, feature of American democracy.
Via Concurring Opinions.