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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.

Antonin Scalia

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
Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIA

Allow Constitution Discrimination Rule Sex
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?
ANTONIN SCALIA

Constitution Frame Job Practice Time
Why can’t the state accede to the public’s wishes?
ANTONIN SCALIA

Public State Wish
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
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.
ANTONIN SCALIA

Fight Government Religion Thinking True
This is so absurd that it has, to my knowledge, never been contemplated.
ANTONIN SCALIA

Knowledge Myself Weird
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.
ANTONIN SCALIA

Essential Order Production Society Virtue
[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
[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 SCALIA

Constitution Day Fundamental Important Meaning Original
In a big family the first child is kind of like the first pancake. If it’s not perfect, that’s okay, there are a lot more coming along.
ANTONIN SCALIA

Children Family Kind Perfection
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
Campaign promises are – by long democratic tradition – the least binding form of human commitment.
ANTONIN SCALIA

Commitment Democracy Human Promise Tradition
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.
ANTONIN SCALIA

Change Democracy Freedom Law Right Speech System Virtue
Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.
ANTONIN SCALIA

Freedom Intimacy Marriage Oneself Spirituality
A Bill of Rights that means what the majority wants it to mean is worthless.
ANTONIN SCALIA

Majority Right Worth

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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Popular Authors

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.

Related Topics

Popular Authors

More Antonin Scalia Quotes