As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.— Antonin Scalia
The most informative Antonin Scalia quotes that are free to learn and impress others
Bear in mind that brains and learning, like muscle and physical skill, are articles of commerce. They are bought and sold. You can hire them by the year or by the hour. The only thing in the world not for sale is character.
Persuade your fellow citizens it's a good idea and pass a law.
That's what democracy is all about. It's not about nine superannuated judges who have been there too long, imposing these demands on society.
It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?
A Bill of Rights that means what the majority wants it to mean is worthless.
If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
Devout Christians are destined to be regarded as fools in modern society.
We are fools for Christ's sake. We must pray for courage to endure the scorn of the sophisticated world.
Certainly the Constitution does not require discrimination on the basis of sex.
The only issue is whether it prohibits it. It doesn't.
If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.
In a big family the first child is kind of like the first pancake.
If it's not perfect, that's okay, there are a lot more coming along.
I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
In the eyes of government we are just one race here. It is American.
God assumed from the beginning that the wise of the world would view Christians as fools...and He has not been disappointed....If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.
With respect to public acknowledgment of religious belief, it is entirely clear from our nation's historical practices that the Establishment Clause permits this disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.
One can be sophisticated and believe in God.
Reason and intellect are not to be laid aside where matters of religion are concerned.
We should start calling this law SCOTUScare .
.. [T]his Court's two decisions on the Act will surely be remembered through the years ... 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.
Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
The right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims 'all Men are endowed by their Creator.'
When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?
Interior decorating is a rock-hard science compared to psychology practiced by amateurs.
The virtue of a democratic system with a [constitutionally guaranteed right to free speech] is that it readily enables the people, over time, to be persuaded that what they took for granted is not so, and to change their laws accordingly.
There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
On this day, when we're celebrating our constitutional heritage, I urge you to be faithful to that heritage - to impose on our fellow citizens only the restrictions that are there in the Constitution, not invent new ones, not to invent the right because it's a good idea.
We do Him [God] honor in our pledge of allegiance, in all our public ceremonies.
There's nothing wrong with that. It is in the best of American traditions, and don't let anybody tell you otherwise. I think we have to fight that tendency of the secularists to impose it on all of us through the Constitution.
The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms.
But I also believe that a lot of gun owners would agree that AK-47s belong in the hands of soldiers, not on the streets of our cities.
To many Americans, everything from the Easter morning to the Ascension had to be made up by the groveling enthusiasts as part of their plan to get themselves martyred.
Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'
To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
[The] government has room to scale back individual rights during wartime without violating the Constitution. The Constitution just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires.
Words no longer have meaning if an Exchange that is not established by a State is "established by the State".
If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag. But I am not king.
If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless.
A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.
It would also be strange to find in the midst of a catalog of the rights of individuals a provision securing to the states the right to maintain a designated "Militia." Dispassionate scholarship suggests quite strongly that the right of the people to keep and bear arms meant just that.
Ever so subtly, without even alluding to the last obstacles preserved by earlier opinions that we now push out of our path, we effectively replace the goal of a discrimination-free society with the quite imcompatible goal of proportionate representation by race and by sex in the workplace.
Power tends to corrupt. But the power in Washington resides in Congress, if it wants to use it. It can do anything-it can stop the Vietnam War. It can make its will felt, if it can ever get its act together to do anything.
The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this practice?
It is a Constitution that morphs while you look at it like Plasticman.
... That is contrary to our whole tradition, to in God we trust on the coins, to Thanksgiving proclamations, to (Congressional) chaplains, to tax exemption for places of worship, which has always existed in America.
The wise do not investigate such silliness.
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.
Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.
The purpose of the Federalist Society was to bring together young people who had this skepticism about what they were being taught and to let them know that there were others who shared this skepticism.
It would be gross understatement to say that the Telecommunications Act of 1996 is not a model of clarity. It is in many important respects a model of ambiguity or indeed even self-contradiction.
The Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.
[International law] doesn't show what the Constitution originally meant, and it doesn't show what is fundamentally important to Americans today. It shows what's fundamentally important to somebody else today.
A journalistic purpose could be someone with a Xerox machine in a basement.