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Antonin Scalia Quotes

American lawyer and jurist, Birth: 11-3-1936, Death: 13-2-2016 Antonin Scalia Quotes
1.
God assumed from the beginning that the wise of the world would view Christians as fools...and He has not been disappointed....If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.
Antonin Scalia

2.
There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction. My concern is that in making life easier for ourselves we not appear to make it harder for the lower federal courts, imposing upon them the burden of regularly analyzing newly-discovered-evidence-of-innocence claims in capital cases (in which event such federal claims, it can confidently be predicted, will become routine and even repetitive).
Antonin Scalia

3.
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.
Antonin Scalia

4.
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

5.
That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break. But you would have to be an idiot to believe that. The Constitution is not a living organism; it is a legal document. It says something and doesn't say other things.
Antonin Scalia

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6.
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

7.
You're looking at me as though I'm weird. My god! Are you so out of touch with most of America, most of which believes in the devil? I mean, Jesus Christ believed in the devil! It's in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the devil! Most of mankind has believed in the devil, for all of history. Many more intelligent people than you or me have believed in the devil.
Antonin Scalia

8.
It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.
Antonin Scalia

It is challenging to sustain the delusion that we are deciphering a Constitution, rather than originating one.
Quote Topics by Antonin Scalia: Law Thinking People Mean Scary Rights Believe Gun Order Sex Christian Melting Government Long Purpose States Fighting Practice Ideas Years Race Children Self Judging Looks Two Political Blow Wise Men
9.
What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?
Antonin Scalia

'What is a balanced interpretation of the text? Neither completely literal nor overly biased?'
10.
A Bill of Rights that means what the majority wants it to mean is worthless.
Antonin Scalia

A charter of liberties that is subject to the whims of the majority is useless.
11.
If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
Antonin Scalia

Can we have an ethical stance towards homosexuality, yet still condemn homicide and other acts?
12.
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

Religious believers are fated to be seen as misguided in contemporary society. We are willing dupes for the cause of Jesus. We must beseech for fortitude to withstand the contempt of the intelligent world.
13.
Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.
Antonin Scalia

'Bit by bit, instance by instance, the Supreme Court is diligently crafting a Constitution for an unfamiliar nation.'
14.
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

Undoubtedly the Constitution does not necessitate prejudice on the basis of gender. The only concern is whether it forbids it. It doesn't.
15.
The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.
Antonin Scalia

16.
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

17.
More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.
Antonin Scalia

18.
The mere possession of monopoly power, and the concomitant charging of monopoly prices, is not only not unlawful, it is an important element of the free-market system. The opportunity to charge monopoly prices - at least for a short period - is what attracts 'business acumen' in the first place; it induces risk taking that produces innovation and economic growth.
Antonin Scalia

19.
Having had the good fortune to serve beside her on both courts, I can attest that her opinions are always thoroughly considered, always carefully crafted and almost always correct (which is to say we sometimes disagree). That much is apparent for all to see. What only her colleagues know is that her suggestions improve the opinions the rest of us write, and that she is a source of collegiality and good judgment in all our work.
Antonin Scalia

20.
I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
Antonin Scalia

I will even concede, for the sake of debate, that sexual gatherings could potentially abate social stresses and should be promoted.
21.
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

The first attempt may not be ideal, but there are more opportunities to succeed.
22.
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

In order for a prosperous and enduring society to function under capitalism, adherence to fundamental Christian values is an absolute necessity.
23.
In the eyes of government we are just one race here. It is American.
Antonin Scalia

In the eyes of government, we are all unified as one nation; an American community.
24.
I am glad that I am not raising kids today. And I’m rather pessimistic that my grandchildren will enjoy the great society that I’ve enjoyed in my lifetime. I really think it’s coarsened. It’s coarsened in so many ways. One of the things that upsets me about modern society is the coarseness of manners. You can’t go to a movie — or watch a television show for that matter — without hearing the constant use of the F-word — including, you know, ladies using it. People that I know don’t talk like that!
Antonin Scalia

25.
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

26.
One can be sophisticated and believe in God. Reason and intellect are not to be laid aside where matters of religion are concerned.
Antonin Scalia

27.
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

28.
We should start calling this law SCOTUScare ... [T]his Court's two decisions on the Act will surely be remembered through the years ... And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
Antonin Scalia

29.
Words have meaning. And their meaning doesn't change.
Antonin Scalia

30.
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.
Antonin Scalia

31.
Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. ...To pursue the concept of racial entitlement - even for the most admirable and benign of purposes - is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American.
Antonin Scalia

32.
Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
Antonin Scalia

33.
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Antonin Scalia

34.
Campaign promises are - by long democratic tradition - the least binding form of human commitment.
Antonin Scalia

35.
When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?
Antonin Scalia

36.
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.'
Antonin Scalia

37.
This is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
Antonin Scalia

38.
Interior decorating is a rock-hard science compared to psychology practiced by amateurs.
Antonin Scalia

39.
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.
Antonin Scalia

40.
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

41.
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 Scalia

42.
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

43.
We do Him [God] honor in our pledge of allegiance, in all our public ceremonies. There's nothing wrong with that. It is in the best of American traditions, and don't let anybody tell you otherwise. I think we have to fight that tendency of the secularists to impose it on all of us through the Constitution.
Antonin Scalia

44.
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.
Antonin Scalia

45.
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

46.
[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.... Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.
Antonin Scalia

47.
Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'
Antonin Scalia

48.
You can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good.' Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution? It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game.
Antonin Scalia

49.
To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
Antonin Scalia

50.
[The] government has room to scale back individual rights during wartime without violating the Constitution. The Constitution just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires.
Antonin Scalia