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 SCALIAIt would be gross understatement to say that the Telecommunications Act of 1996 is not a model of clarity. It is in many important respects a model of ambiguity or indeed even self-contradiction.
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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For in order for capitalism to work — in order for it to produce a good and a stable society — the traditional Christian virtues are essential.
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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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A journalistic purpose could be someone with a Xerox machine in a basement.
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In a big family the first child is kind of like the first pancake. If it’s not perfect, that’s okay, there are a lot more coming along.
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What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
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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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A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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[International law] doesn’t show what the Constitution originally meant, and it doesn’t show what is fundamentally important to Americans today. It shows what’s fundamentally important to somebody else today.
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Why can’t the state accede to the public’s wishes?
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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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Who 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.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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The wise do not investigate such silliness.
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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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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.
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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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It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
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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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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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Words have meaning. And their meaning doesn’t change.
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If 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.
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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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Words no longer have meaning if an Exchange that is not established by a State is “established by the State”.
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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.’
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