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

Antonin Scalia

You could have 50 different states having 50 different regulations until they were all litigated out.
ANTONIN SCALIA

Different Regulation State Yourself
The Constitution does not trust judges to make determinations of criminal guilt.
ANTONIN SCALIA

Criminal Determination Guilty Judgement Trust
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
Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges.
ANTONIN SCALIA

Credit Decision exchange Law Limitation Tax Writing
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
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
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.
ANTONIN SCALIA

Children Family Kind Perfection
A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
ANTONIN SCALIA

Close Search Table
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.
ANTONIN SCALIA

Faith Goodness Judgement Reach Wrong
Why can’t the state accede to the public’s wishes?
ANTONIN SCALIA

Public State Wish
Campaign promises are – by long democratic tradition – the least binding form of human commitment.
ANTONIN SCALIA

Commitment Democracy Human Promise Tradition
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
Power tends to corrupt. But the power in Washington resides in Congress, if it wants to use it. It can do anything-it can stop the Vietnam War. It can make its will felt, if it can ever get its act together to do anything.
ANTONIN SCALIA

Corruption Politics Power Togetherness War Willing
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.
ANTONIN SCALIA

Essential Order Production Society Virtue
Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
ANTONIN SCALIA

Busy Case Constitution Country Day Recognition
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

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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