Why can’t the state accede to the public’s wishes?
ANTONIN SCALIAIf 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 Antonin Scalia Quotes
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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.
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It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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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.
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In the eyes of government we are just one race here. It is American.
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The wise do not investigate such silliness.
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If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
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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.
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[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.
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What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
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This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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A law can be both economic folly and constitutional.
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Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
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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.
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