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

Antonin Scalia

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
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.
ANTONIN SCALIA

Death Morning Planning
[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.
ANTONIN SCALIA

Constitution Day Fundamental Important Meaning Original
[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.
ANTONIN SCALIA

Change Democracy Elimination God
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
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.
ANTONIN SCALIA

Fight Government Religion Thinking True
Why can’t the state accede to the public’s wishes?
ANTONIN SCALIA

Public State Wish
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.
ANTONIN SCALIA

Freedom Intimacy Marriage Oneself Spirituality
A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
ANTONIN SCALIA

Close Search Table
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.
ANTONIN SCALIA

Brain Character Learning Mindset Physical Skills World
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.
ANTONIN SCALIA

Purpose Share Society Teaching
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
Devout Christians are destined to be regarded as fools in modern society. We are fools for Christ’s sake. We must pray for courage to endure the scorn of the sophisticated world.
ANTONIN SCALIA

Destiny Fools Modern Regard Society World
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.
ANTONIN SCALIA

Attitude Change Growth Myself People Weapon
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
Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
ANTONIN SCALIA

Allow Constitution Discrimination Rule Sex

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

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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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