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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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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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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] 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.
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You could have 50 different states having 50 different regulations... until they were all litigated out.
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A Bill of Rights that means what the majority wants it to mean is worthless.
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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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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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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 we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
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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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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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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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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 law can be both economic folly and constitutional.
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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.
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The wise do not investigate such silliness.
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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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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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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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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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