Campaign promises are – by long democratic tradition – the least binding form of human commitment.
ANTONIN SCALIAA law can be both economic folly and constitutional.
More Antonin Scalia Quotes
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[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.
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Why in the world would you have it interpreted by nine lawyers?
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People look at rights as if they were muscles — the more you exercise them, the better they get.
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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.
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Words no longer have meaning if an Exchange that is not established by a State is “established by the State”.
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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?
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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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You could have 50 different states having 50 different regulations until they were all litigated out.
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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.
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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.
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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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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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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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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.
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