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Antonin Scalia quotes - page 3
Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box.
Antonin Scalia
Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible.
Antonin Scalia
If I were king, I would not allow people to go about burning the American flag. However, we have a First Amendment which says that the right of free speech shall not be abridged. And it is addressed, in particular, to speech critical of the government.
Antonin Scalia
I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity.
Antonin Scalia
Legislative flexibility on the part of Congress will be the touchstone of federalism when the capacity to support combustion becomes the acid test of a fire extinguisher. Congressional flexibility is desirable, of course - but only within the bounds of federal power established by the Constitution. Beyond those bounds (the theory of our Constitution goes), it is a menace.
Antonin Scalia
I'm not going to rip all that up. It's water over the dam. The people have gotten used to it. You know, that's what Stare Decisis is all about. In other words, I am an originalist. I am a textualist. I am not a nut.
Antonin Scalia
The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version.
Antonin Scalia
A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.
Antonin Scalia
The Court's opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity.
Antonin Scalia
Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges it has confronted are any worse now, or, alas, even much different, from what they ever were.
Antonin Scalia
I believe that our people's traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man's going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it.
Antonin Scalia
To tell you the truth there is no place for that in our constitutional tradition. Where did that come from? To be sure, you can't favor one denomination over another but can't favor religion over non-religion?
Antonin Scalia
Textualism should not be confused with so-called strict constructionism, which is a degraded form of textualism that brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be--though better that, I suppose, than a nontextualist. A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means.
Antonin Scalia
I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that's what it says, that's what it says.
Antonin Scalia
If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word.
Antonin Scalia
My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.
Antonin Scalia
Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court's two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed ("penalty” means tax, "further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, "established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
Antonin Scalia
Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis.
Antonin Scalia
You could fire a grapefruit out of a cannon over the best law schools in the country - and that includes Chicago - and not hit an originalist.
Antonin Scalia
Judges who find Constitutional rights the Framers never intended take important issues out of the public space of democratic debate and suspend them in a sort of legal formaldehyde.
Antonin Scalia
Among the questions considered nonjusticiable is the definition of an impeachable offense. Whatever Congress says is an impeachable offense is an impeachable offense.
Antonin Scalia
If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.
Antonin Scalia
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