Why can’t the state accede to the public’s wishes?
ANTONIN SCALIAThe 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.
More Antonin Scalia Quotes
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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.
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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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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.
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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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[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.
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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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It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
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In the eyes of government we are just one race here. It is American.
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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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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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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.
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A Bill of Rights that means what the majority wants it to mean is worthless.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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