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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.

-Antonin Scalia

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On This Day, When

Antonin Scalia

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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.

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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.

The Death Penalty? Give Me A Break. It's Easy. Abortion? Absolutely Easy. Nobody Ever Thought The Constitution Prevented Restrictions On Abortion. Homosexual Sodomy? Come On. For 200 Years, It Was Criminal In Every State.

Many Think It Not Only Inevitable But Entirely Proper That Liberty Give Way To Security In Times Of National Crisis--that, At The Extremes Of Military Exigency, Inter Arma Silent Leges. Whatever The General Merits Of The View That War Silences Law Or Modulates Its Voice, That View Has No Place In The Interpretation And Application Of A Constitution Designed Precisely To Confront War And, In A Manner That Accords With Democratic Principles, To Accommodate It.

A Search Is A Search, Even If It Happens To Disclose Nothing But The Bottom Of A Turntable.

Is It Really So Easy To Determine That Smacking Someone In The Face To Find Out Where He Has Hidden The Bomb That Is About To Blow Up Los Angeles Is Prohibited By The Constitution?

You Can't Come In Smugly And With Great Self Satisfaction And Say 'oh It's Torture, And Therefore It's No Good.' Is It Really So Easy To Determine That Smacking Someone In The Face To Determine Where He Has Hidden The Bomb That Is About To Blow Up Los Angeles Is Prohibited In The Constitution? It Would Be Absurd To Say You Couldn't Do That. And Once You Acknowledge That, We're Into A Different Game.

I Even Accept For The Sake Of Argument That Sexual Orgies Eliminate Social Tensions And Ought To Be Encouraged.

[t]he Enshrinement Of Constitutional Rights Necessarily Takes Certain Policy Choices Off The Table.... Undoubtedly Some Think That The Second Amendment Is Outmoded In A Society Where Our Standing Army Is The Pride Of Our Nation, Where Well-trained Police Forces Provide Personal Security, And Where Gun Violence Is A Serious Problem. That Is Perhaps Debatable, But What Is Not Debatable Is That It Is Not The Role Of This Court To Pronounce The Second Amendment Extinct.

Day By Day, Case By Case, The Supreme Court Is Busy Designing A Constitution For A Country I Do Not Recognize.

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.

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.

The Constitution Does Not Trust Judges To Make Determinations Of Criminal Guilt.

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.

A Journalistic Purpose Could Be Someone With A Xerox Machine In A Basement.

Words No Longer Have Meaning If An Exchange That Is Not Established By A State Is "established By The State".

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.

This Is An Execution, Not Surgery. Where Does That Come From, That You Must Find The Method Of Execution That Causes The Least Pain?

The Wise Do Not Investigate Such Silliness.

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.

Certainly One Cannot Ban Cross Burning In The Sanctity Of His Bedroom.

What Is A Moderate Interpretation Of The Text? Halfway Between What It Really Means And What You'd Like It To Mean?

[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.

In The Eyes Of Government We Are Just One Race Here. It Is American.

A Bill Of Rights That Means What The Majority Wants It To Mean Is Worthless.

You're Looking At Me As Though I'm Weird. My God! Are You So Out Of Touch With Most Of America, Most Of Which Believes In The Devil? I Mean, Jesus Christ Believed In The Devil! It's In The Gospels! You Travel In Circles That Are So, So Removed From Mainstream America That You Are Appalled That Anybody Would Believe In The Devil! Most Of Mankind Has Believed In The Devil, For All Of History. Many More Intelligent People Than You Or Me Have Believed In The Devil.

For In Order For Capitalism To Work -- In Order For It To Produce A Good And A Stable Society -- The Traditional Christian Virtues Are Essential.

Scalia Said The Court Had Pretty Much Signed On To The So-called Homosexual Agenda, Adding: Let Me Be Clear That I Have Nothing Against Homosexuals, Or Any Other Group, Promoting Their Agenda Through Normal Democratic Means.

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.

More Importantly, The Court Forgets That Ours Is A Government Of Laws And Not Of Men. That Means We Are Governed By The Terms Of Our Laws, Not By The Unenacted Will Of Our Lawmakers. 'if Congress Enacted Into Law Something Different From What It Intended, Then It Should Amend The Statute To Conform To Its Intent.' In The Meantime, This Court 'has No Roving License ... To Disregard Clear Language Simply On The View That ... Congress 'must Have Intended' Something Broader.

Nowhere Else In The Constitution Does A "right" Attributed To "the People" Refer To Anything Other Than An Individual Right. What Is More, In All Six Other Provisions Of The Constitution That Mention "the People," The Term Unambiguously Refers To All Members Of The Political Community, Not An Unspecified Subset... The Second Amendment Extends, Prima Facie, To All Instruments That Constitute Bearable Arms... The Very Text Of The Second Amendment Implicitly Recognizes The Pre-existence Of The Right And Declares Only That It "shall Not Be Infringed."

If We Cannot Have Moral Feelings Against Homosexuality, Can We Have It Against Murder? Can We Have It Against Other Things?

Having Had The Good Fortune To Serve Beside Her On Both Courts, I Can Attest That Her Opinions Are Always Thoroughly Considered, Always Carefully Crafted And Almost Always Correct (which Is To Say We Sometimes Disagree). That Much Is Apparent For All To See. What Only Her Colleagues Know Is That Her Suggestions Improve The Opinions The Rest Of Us Write, And That She Is A Source Of Collegiality And Good Judgment In All Our Work.

Words Have Meaning. And Their Meaning Doesn't Change.

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.

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.

It's A Long, Uphill Fight To Get Back To Original Orthodoxy. We Have Two 'originalists' On The Supreme Court. That's Something.

If, Even As The Price To Be Paid For A Fifth Vote, I Ever Joined An Opinion For The Court That Began: 'the Constitution Promises Liberty To All Within Its Reach, A Liberty That Includes Certain Specific Rights That Allow Persons, Within A Lawful Realm, To Define And Express Their Identity,' I Would Hide My Head In A Bag. The Supreme Court Of The United States Has Descended From The Disciplined Legal Reasoning Of John Marshall And Joseph Story To The Mystical Aphorisms Of The Fortune Cookie.

Why Can't The State Accede To The Public's Wishes?

That's The Argument Of Flexibility And It Goes Something Like This: The Constitution Is Over 200 Years Old And Societies Change. It Has To Change With Society, Like A Living Organism, Or It Will Become Brittle And Break. But You Would Have To Be An Idiot To Believe That. The Constitution Is Not A Living Organism; It Is A Legal Document. It Says Something And Doesn't Say Other Things.

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.

People Look At Rights As If They Were Muscles — The More You Exercise Them, The Better They Get.

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 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 Principal Purpose Of Stare Decisis Is To Protect Reliance Interest And Further Stability In The Law.

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.

Rather Than Rewriting The Law Under The Pretense Of Interpreting It, The Court Should Have Left It To Congress To Decide What To Do About The Act's Limitation Of Tax Credits To State Exchanges.

Why In The World Would You Have It Interpreted By Nine Lawyers?

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?

Times Of Crisis

[if Critics Of The Pledge Of Allegiance Persuaded The Public It Should Be Changed] Then We Could Eliminate Under God From The Pledge Of Allegiance, That Could Be Democratically Done.

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.

Individuals Who Have Been Wronged By Unlawful Racial Discrimination Should Be Made Whole; But Under Our Constitution There Can Be No Such Thing As Either A Creditor Or A Debtor Race. That Concept Is Alien To The Constitution's Focus Upon The Individual. ...to Pursue The Concept Of Racial Entitlement - Even For The Most Admirable And Benign Of Purposes - Is To Reinforce And Preserve For Future Mischief The Way Of Thinking That Produced Race Slavery, Race Privilege And Race Hatred. In The Eyes Of Government, We Are Just One Race Here. It Is American.

One Can Be Sophisticated And Believe In God. Reason And Intellect Are Not To Be Laid Aside Where Matters Of Religion Are Concerned.

Justice White's Conclusion Is Perhaps Correct, If One Assumes That The Task Of A Court Of Law Is To Plumb The Intent Of The Particular Congress That Enacted A Particular Provision. That Methodology Is Not Mine Nor, I Think, The One That Courts Have Traditionally Followed. It Is Our Task, As I See It, Not To Enter The Minds Of The Members Of Congress - Who Need Have Nothing In Mind In Order For Their Votes To Be Both Lawful And Effective - But Rather To Give Fair And Reasonable Meaning To The Text Of The United States Code, Adopted By Various Congresses At Various Times.

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.'

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.

To Be Honest About It, That Is The View Of Christians Taken By Modern Society. Surely Those Who Adhere To All Or Most Of These Traditional Christian Beliefs Are To Be Regarded As Simpleminded.

The Mere Possession Of Monopoly Power, And The Concomitant Charging Of Monopoly Prices, Is Not Only Not Unlawful, It Is An Important Element Of The Free-market System. The Opportunity To Charge Monopoly Prices - At Least For A Short Period - Is What Attracts 'business Acumen' In The First Place; It Induces Risk Taking That Produces Innovation And Economic Growth.

There Is No Basis In Text, Tradition, Or Even In Contemporary Practice (if That Were Enough), For Finding In The Constitution A Right To Demand Judicial Consideration Of Newly Discovered Evidence Of Innocence Brought Forward After Conviction. My Concern Is That In Making Life Easier For Ourselves We Not Appear To Make It Harder For The Lower Federal Courts, Imposing Upon Them The Burden Of Regularly Analyzing Newly-discovered-evidence-of-innocence Claims In Capital Cases (in Which Event Such Federal Claims, It Can Confidently Be Predicted, Will Become Routine And Even Repetitive).

When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage? 1791? 1868, When The 14th Amendment Was Adopted?

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.

Campaign Promises Are - By Long Democratic Tradition - The Least Binding Form Of Human Commitment.

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.'

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.

[the Freedom Of Information Act Is] The Taj Mahal Of The Doctrine Of Unanticipated Consequences, The Sistine Chapel Of Cost-benefit Analysis Ignored.

Cost Benefit Analysis

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.

It Is Difficult To Maintain The Illusion That We Are Interpreting A Constitution, Rather Than Inventing One.

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.

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.

Certainly The Constitution Does Not Require Discrimination On The Basis Of Sex. The Only Issue Is Whether It Prohibits It. It Doesn't.

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.

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.

The Court's Decision Reflects The Philosophy That Judges Should Endure Whatever Interpretive Distortions It Takes In Order To Correct A Supposed Flaw In The Statutory Machinery. That Philosophy Ignores The American People's Decision To Give Congress '[a]ll Legislative Powers' Enumerated In The Constitution. They Made Congress, Not This Court, Responsible For Both Making Laws And Mending Them.

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.

I Think The Main Fight Is To Dissuade Americans From What The Secularists Are Trying To Persuade Them To Be True: That The Separation Of Church And State Means That The Government Cannot Favor Religion Over Nonreligion.

A Law Can Be Both Economic Folly And Constitutional.

This Is So Absurd That It Has, To My Knowledge, Never Been Contemplated.

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.

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.

You Could Have 50 Different States Having 50 Different Regulations... Until They Were All Litigated Out.

Interior Decorating Is A Rock-hard Science Compared To Psychology Practiced By Amateurs.

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.

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.

I Am Glad That I Am Not Raising Kids Today. And I’m Rather Pessimistic That My Grandchildren Will Enjoy The Great Society That I’ve Enjoyed In My Lifetime. I Really Think It’s Coarsened. It’s Coarsened In So Many Ways. One Of The Things That Upsets Me About Modern Society Is The Coarseness Of Manners. You Can’t Go To A Movie — Or Watch A Television Show For That Matter — Without Hearing The Constant Use Of The F-word — Including, You Know, Ladies Using It. People That I Know Don’t Talk Like That!

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.

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.

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.

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