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Why can't the state accede to the public's wishes?

Antonin Scalia

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Antonin Scalia
Age: 79 †
Born: 1936
Born: March 11
Died: 2016
Died: February 13
Associate Justice Of The Supreme Court Of The United States
Judge
Lawyer
Professor
Trenton
New Jersey
Antonin Gregory Scalia
Scalia
Antonin G. Scalia
Wish
States
Wishes
Public
State

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A journalistic purpose could be someone with a Xerox machine in a basement.
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Ever so subtly, without even alluding to the last obstacles preserved by earlier opinions that we now push out of our path, we effectively replace the goal of a discrimination-free society with the quite imcompatible goal of proportionate representation by race and by sex in the workplace.
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A law can be both economic folly and constitutional.
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Scalia said the court had pretty much signed on to the so-called homosexual agenda, adding: Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means.
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Words have meaning. And their meaning doesn't change.
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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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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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A Bill of Rights that means what the majority wants it to mean is worthless.
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People look at rights as if they were muscles — the more you exercise them, the better they get.
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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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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.
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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.
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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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The Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.
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You could have 50 different states having 50 different regulations... until they were all litigated out.
Antonin Scalia
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When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?
Antonin Scalia
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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
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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
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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?
Antonin Scalia
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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.
Antonin Scalia