There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
ANTONIN SCALIAIn the eyes of government we are just one race here. It is American.
More Antonin Scalia Quotes
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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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Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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Why in the world would you have it interpreted by nine lawyers?
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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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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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It 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.
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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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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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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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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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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.
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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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[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