Certainly one cannot ban cross burning in the sanctity of his bedroom.
ANTONIN SCALIACertainly one cannot ban cross burning in the sanctity of his bedroom.
ANTONIN SCALIA[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.
ANTONIN SCALIAWhat is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
ANTONIN SCALIAOn 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 SCALIAWith 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.
ANTONIN SCALIAYou could have 50 different states having 50 different regulations until they were all litigated out.
ANTONIN SCALIADay by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
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.
ANTONIN SCALIAOne can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
ANTONIN SCALIAPower 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.
ANTONIN SCALIACampaign promises are – by long democratic tradition – the least binding form of human commitment.
ANTONIN SCALIAA journalistic purpose could be someone with a Xerox machine in a basement.
ANTONIN SCALIAThe 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.
ANTONIN SCALIAWords no longer have meaning if an Exchange that is not established by a State is “established by the State”.
ANTONIN SCALIAIt is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
ANTONIN SCALIACertainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIA