The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
ANTONIN SCALIAThe right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims ‘all Men are endowed by their Creator.’
More Antonin Scalia Quotes
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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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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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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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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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The right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims ‘all Men are endowed by their Creator.’
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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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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] 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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You could have 50 different states having 50 different regulations until they were all litigated out.
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Why can’t the state accede to the public’s wishes?
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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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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 Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.
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The Constitution does not trust judges to make determinations of criminal guilt.
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