The Constitution does not trust judges to make determinations of criminal guilt.
ANTONIN SCALIAThe Constitution does not trust judges to make determinations of criminal guilt.
ANTONIN SCALIAA search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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.
ANTONIN SCALIA[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.
ANTONIN SCALIAI 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.
ANTONIN SCALIAThe 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.
ANTONIN SCALIAThis is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
ANTONIN SCALIAYou could have 50 different states having 50 different regulations until they were all litigated out.
ANTONIN SCALIADevout Christians are destined to be regarded as fools in modern society. We are fools for Christ’s sake. We must pray for courage to endure the scorn of the sophisticated world.
ANTONIN SCALIAIf 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.
ANTONIN SCALIAWho ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie.
ANTONIN SCALIABut I also believe that a lot of gun owners would agree that AK-47s belong in the hands of soldiers, not on the streets of our cities.
ANTONIN SCALIAThere 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.
ANTONIN SCALIAPeople look at rights as if they were muscles — the more you exercise them, the better they get.
ANTONIN SCALIADay by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
ANTONIN SCALIAIt is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
ANTONIN SCALIA