As long as judges tinker with the Constitution to ‘do what the people want,’ instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
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.
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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To be honest about it, that is the view of Christians taken by modern society. Surely those who adhere to all or most of these traditional Christian beliefs are to be regarded as simpleminded.
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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 wise do not investigate such silliness.
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Persuade 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.
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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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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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Bear in mind that brains and learning, like muscle and physical skill, are articles of commerce. They are bought and sold. You can hire them by the year or by the hour. The only thing in the world not for sale is character.
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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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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
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The purpose of the Federalist Society was to bring together young people who had this skepticism about what they were being taught and to let them know that there were others who shared this skepticism.
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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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People look at rights as if they were muscles — the more you exercise them, the better they get.
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