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 SCALIAAs 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.
More Antonin Scalia Quotes
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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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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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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[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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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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Why in the world would you have it interpreted by nine lawyers?
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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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This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
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This is so absurd that it has, to my knowledge, never been contemplated.
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But 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.
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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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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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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.
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