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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.

Antonin Scalia

It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
ANTONIN SCALIA

Constitution Difficult Illusion Invention Maintain Oneself
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 SCALIA

Act Case Lose Myself Principle Rule Save Short
I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
ANTONIN SCALIA

Acceptance Argument Encouragement Myself Sexuality
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.
ANTONIN SCALIA

Adoption Citizenship Constitution Flexibility Live Yourself
On this day, when we’re celebrating our constitutional heritage, I urge you to be faithful to that heritage – to impose on our fellow citizens only the restrictions that are there in the Constitution, not invent new ones, not to invent the right because it’s a good idea.
ANTONIN SCALIA

Celebration Constitution Day Faith Goodness Ideas Invention Restriction
Why can’t the state accede to the public’s wishes?
ANTONIN SCALIA

Public State Wish
If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
ANTONIN SCALIA

Feeling Moral Murder Sexuality
The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
ANTONIN SCALIA

Interest Law Principle Protection Stability State
The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.
ANTONIN SCALIA

Absolution Break Criminal Death State
One can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
ANTONIN SCALIA

Believe God Intellectual Reason Religion Sophistication
You could have 50 different states having 50 different regulations until they were all litigated out.
ANTONIN SCALIA

Different Regulation State Yourself
What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
ANTONIN SCALIA

Literature Meaning Yourself
This is so absurd that it has, to my knowledge, never been contemplated.
ANTONIN SCALIA

Knowledge Myself Weird
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.
ANTONIN SCALIA

Acknowledgement Atheist History Nation Practice Public Respect
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.’
ANTONIN SCALIA

Children Creation Independence Parents Right
Why in the world would you have it interpreted by nine lawyers?
ANTONIN SCALIA

Law World Yourself

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 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.

Related Topics

Popular Authors

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