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It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.

Antonin Scalia

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.
ANTONIN SCALIA

Corruption Politics Power Togetherness War Willing
People look at rights as if they were muscles — the more you exercise them, the better they get.
ANTONIN SCALIA

Better Exercise People Right Yourself
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.
ANTONIN SCALIA

Absolution Break Criminal Death State
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.
ANTONIN SCALIA

Death Morning Planning
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.
ANTONIN SCALIA

Act Case Lose Myself Principle Rule Save Short
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.
ANTONIN SCALIA

Purpose Share Society Teaching
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

Agreement Confirmation Constitution Document Judgement Politics Thinking
[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.
ANTONIN SCALIA

Constitution Enjoyment Government Minimum Right Time Violence War Yourself
Words no longer have meaning if an Exchange that is not established by a State is “established by the State”.
ANTONIN SCALIA

Establishment Meaning State Word
The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
ANTONIN SCALIA

Interest Law Principle Protection Stability State
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.
ANTONIN SCALIA

Faith Goodness Judgement Reach Wrong
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.
ANTONIN SCALIA

Destiny Fools Modern Regard Society World
This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
ANTONIN SCALIA

Execution Pain Surgery
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?
ANTONIN SCALIA

Constitution Determination Easy Face Hide
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.
ANTONIN SCALIA

Credit Decision exchange Law Limitation Tax Writing
What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
ANTONIN SCALIA

Literature Meaning Yourself

It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.

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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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