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 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.
More Antonin Scalia Quotes
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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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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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[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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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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Why can’t the state accede to the public’s wishes?
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A Bill of Rights that means what the majority wants it to mean is worthless.
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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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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.
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[The Freedom of Information Act is] the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored.
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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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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 have meaning. And their meaning doesn’t change.
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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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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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