Antonin Scalia
![Antonin Scalia](/assets/img/authors/antonin-scalia.jpg)
Antonin Scalia
Antonin Gregory Scalia was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. Appointed to the Court by President Ronald Reagan in 1986, Scalia was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing...
NationalityAmerican
ProfessionPolitician
Date of Birth11 March 1936
CityTrenton, NJ
CountryUnited States of America
law people community
Nowhere else in the Constitution does a 'right' attributed to 'the people' refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention 'the people,' the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it 'shall not be infringed.
thinking order law
Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times.
nine world lawyer
Why in the world would you have it interpreted by nine lawyers?
law justice people
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.
years law two
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.
philosophy order law
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.
court-judges law ideas
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.
law judging long
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.
determination judging guilt
The Constitution does not trust judges to make determinations of criminal guilt.
self important would-be
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.
sex hippie rights
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.
wish states
Why can't the state accede to the public's wishes?
scary done should
[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.
regulation different states
You could have 50 different states having 50 different regulations... until they were all litigated out.