Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIAIf 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.
More Antonin Scalia Quotes
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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.
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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.
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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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A law can be both economic folly and constitutional.
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This is so absurd that it has, to my knowledge, never been contemplated.
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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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Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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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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On 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.
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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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Why in the world would you have it interpreted by nine lawyers?
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Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.
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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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