This is so absurd that it has, to my knowledge, never been contemplated.
ANTONIN SCALIACertainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.
More Antonin Scalia Quotes
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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.
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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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One can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
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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.
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Is it really so easy to determine that smacking someone in the face to find out where he has hidden the bomb that is about to blow up Los Angeles is prohibited by the Constitution?
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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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What is a moderate interpretation of the text? Halfway between what it really means and what you’d like it to mean?
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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.
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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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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.
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You could have 50 different states having 50 different regulations until they were all litigated out.
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The Constitution does not trust judges to make determinations of criminal guilt.
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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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The right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims ‘all Men are endowed by their Creator.’
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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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