[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 SCALIAIn the eyes of government we are just one race here. It is American.
More Antonin Scalia Quotes
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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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[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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A search is a search, even if it happens to disclose nothing but the bottom of a turntable.
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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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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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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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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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Why in the world would you have it interpreted by nine lawyers?
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Certainly one cannot ban cross burning in the sanctity of his bedroom.
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Campaign promises are – by long democratic tradition – the least binding form of human commitment.
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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 death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.
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A law can be both economic folly and constitutional.
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Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.
ANTONIN SCALIA