Why can’t the state accede to the public’s wishes?
ANTONIN SCALIAPersuade 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.
More Antonin Scalia Quotes
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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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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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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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Why in the world would you have it interpreted by nine lawyers?
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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?
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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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Interior decorating is a rock-hard science compared to psychology practiced by amateurs.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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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Words no longer have meaning if an Exchange that is not established by a State is “established by the State”.
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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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People look at rights as if they were muscles — the more you exercise them, the better they get.
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