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The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this practice?

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
Jobs
Uphold
Would
Allowed
Crisis
Court
Constitution
Practice
Call
Times
Framers

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Why can't the state accede to the public's wishes?
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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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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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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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Words no longer have meaning if an Exchange that is not established by a State is established by the State.
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Campaign promises are - by long democratic tradition - the least binding form of human commitment.
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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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If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag. But I am not king.
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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.
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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.
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You could have 50 different states having 50 different regulations... until they were all litigated out.
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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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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.
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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.
Antonin Scalia
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If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless.
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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
Antonin Scalia
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A journalistic purpose could be someone with a Xerox machine in a basement.
Antonin Scalia
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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.
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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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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