Loathed by oh-so-many liberals, U.S. Supreme Court Justice Antonin Scalia waded into the deep-blue Aloha State Monday for a talk with law students at the University of Hawaii.

The surprise for much of the audience wasn’t that the supremely self-confident Scalia stated his constitutional judicial philosophy with authority; it was his edgy wit.

UH law school dean Avi Soifer prepared the students with his introductory remarks, saying that Scalia is known as the most active questioner and commentator of the nine justices, as well as the most humorous.

The state鈥檚 monthly test of its tsunami warning system didn鈥檛 phase Scalia when the sirens sounded during the middle of his comments on the 2nd Amendment. 鈥淵ou never got over 1941, did you?鈥 he said with a smile, a clear reference to the attack on Pearl Harbor.

Many in the crowd whispered among themselves that they couldn鈥檛 disagree more with the intensely conservative justice’s opinions on issues like gay marriage, abortion and the death penalty, but students’ queries proved to be surprisingly soft, perhaps due to the legal gravitas of the longest-serving member of the court. (Journalists were not permitted to ask Scalia questions.)

Of course you can enjoy someone and still passionately disagree with his or her judicial philosophy. Scalia touched on that very idea when he talked about his close friendship with Clinton-appointee Justice Ruth Bader Ginsburg, 鈥渨ho God knows does not always vote with me.鈥 (Scalia was appointed by President Ronald Reagan.)

Supreme Schtick

Scalia opened the informal talk with several minutes on originalism, his 鈥渕ain schtick,鈥 before taking questions from the roughly 150 students, professors and others gathered in the law school courtyard. He鈥檚 a firm believer in interpreting the Constitution as it was meant when it was adopted.

鈥淭his anthropomorphic notion of a biotic Constitution is absurd,鈥 he said, but that鈥檚 not to say his philosophy is inflexible.

鈥淵ou want the death penalty? Persuade your fellow citizens it鈥檚 a good idea. You want the opposite? Persuade them the other way.鈥

Scalia encouraged the students to question professors who favor a 鈥渓iving Constitution鈥 by asking them what theory they would use to restrain judges from overreach.

鈥淵ou either use the original understanding of the Constitution or you tell your judges, 鈥楥ome govern us. You must know the answers to these profound moral questions such as the death penalty, abortion, homosexual sodomy, suicide. After all, you went to Harvard Law School 鈥 maybe even Yale Law School 鈥 so you must know the answers.鈥欌

As an example, Scalia talked about how the Supreme Court reversed its position on how the 4th Amendment, which prohibits unlawful search and seizure, applies to wiretapping so that there is now a 鈥渞easonable expectation of privacy.鈥

Given the many high-stakes questions advancing toward the court as a result of Edward Snowden’s revelations about the National Security Agency spying on Americans, Scalia raised concerns about the court having the final say in the matter because he believes it knows far less about what鈥檚 going on than Congress or the executive branch.

鈥淚 don鈥檛 know why you would want us to be the last word on that,鈥 he said.

Scalia said he doesn鈥檛 look forward to the cases coming down the pike on the right to bear arms in part because of his broad interpretation of 鈥渁rms,鈥 as it鈥檚 referenced in the Constitution, to include military weapons.

鈥淲hat about shoulder-fired missiles that can take down an airplane?鈥

Among the softball-questions lobbed Scalia’s way:

Is his protection detail cumbersome? Scalia, an avid hunter, said security doesn鈥檛 always follow him around. 鈥淭hey鈥檙e not in the duck blinds with me.鈥

Does he believe the executive branch is abusing its power? Scalia said it鈥檚 not a function of the court to keep Congress and the president in line. The court鈥檚 job is to protect individuals, he said, not 鈥渟hape up the government.鈥

Scalia drew widespread laughs when he said his favorite opinions to write are dissenting ones 鈥 because there鈥檚 no need to compromise on any position.

鈥淥f course, the most important element of a good dissent,” he added, “is a really bad majority opinion.”

The most fun he had was in PGA Tour v. Casey Martin. It was an Americans with Disabilities Act case in 2001 involving a golfer who wanted an exception to the Professional Golf Association’s rules that require players walk the course.

鈥淭he question 鈥 before the Supreme Court of the United States 鈥 was whether walking was an essential part of golf,鈥 Scalia said. 鈥淚t鈥檚 a game! If it says you have to hit the ball with a Coca-Cola bottle, that鈥檚 the game.鈥

His dissent started with a tongue-in-cheek reminder about the law and the links.

鈥淚 am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes.鈥

There are some questions, however, that even Scalia does not have an answer for. He pondered the problem of politicians passing laws just to show they are concerned about an issue, like he says Congress did last year when it reauthorized the .

鈥淒o the states not have laws against beating up women? Of course they do. Is the federal government really going to send the FBI? Knock, knock, knock. 鈥楽ir, have you been beating your wife?鈥 The FBI鈥檚 not going to do that.

鈥淏ut it shows the concern of the federal government. We have a lot of laws like that. They are less meant for enforcement than they are for political effect. I don鈥檛 know what you do about that.鈥

Scalia, ever the witty justice, offered parting advice:

鈥淏anish from your mind the notion that everything that is stupid is unconstitutional.”

* Contact Nathan Eagle via email at neagle@civilbeat.com or Twitter at .

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