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 SCALIAThe Constitution does not trust judges to make determinations of criminal guilt.
More Antonin Scalia Quotes
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The Constitution does not trust judges to make determinations of criminal guilt.
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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?
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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.
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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.
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Why can’t the state accede to the public’s wishes?
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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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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.
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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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This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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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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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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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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Words have meaning. And their meaning doesn’t change.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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