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 SCALIAThe 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?
More Antonin Scalia Quotes
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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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The Constitution does not trust judges to make determinations of criminal guilt.
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Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms.
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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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A law can be both economic folly and constitutional.
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[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.
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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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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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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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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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[If critics of the Pledge of Allegiance persuaded the public it should be changed] then we could eliminate under God from the Pledge of Allegiance, that could be democratically done.
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