Antonin Scalia Zitate
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Antonin Scalia war ein US-amerikanischer Jurist und von 1986 bis zu seinem Tod beigeordneter Richter am Obersten Gerichtshof der Vereinigten Staaten . Er wurde von vielen als die führende konservative Stimme des Gerichts gesehen und war ein starker Befürworter der juristischen Theorien von Originalismus sowie des manchmal als „Plain Meaning Rule“ bezeichneten Textualismus. Wikipedia

✵ 11. März 1936 – 13. Februar 2016

Antonin Scalia Foto

Antonin Scalia: 101 Zitate0 Gefällt mir

Antonin Scalia Zitate und Sprüche

„Devote Christen sind dazu bestimmt, von der Gesellschaft als Kretins angesehen zu werden.“

Der Spiegel: Der Siegeszug des Moralapostels https://www.spiegel.de/politik/ausland/0,1518,260370,00.html, 7. August 2003, abgerufen am 21. April 2010 <br class="br">"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. the word 'cretin,' or fool, is derived from the French word for 'Christian.'" - Ansprache am Mississippi College School of Law am 9. April 1996 nach James Donson http://www.lchr.org/a/16/an/dobson.htm

Antonin Scalia: Zitate auf Englisch

“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.”

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2013-10-06
In Conversation: Antonin Scalia
Jennifer Senior
New York
http://nymag.com/news/features/antonin-scalia-2013-10/index3.html
2010s

“Perhaps the dissenters believe that 'offense to others' ought to be the only reason for restricting nudity in public places generally.... The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd.”

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On decency laws: Barnes v. Glen Theatre, Inc. (1991) (concurring).
1990s

“I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs.”

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Lee v. Weisman (1992, dissenting) ; decided June 24, 1992
1990s

“I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity.”

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Minnesota v. Dickerson, 508 U.S. 366 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=508&invol=366 (1993) (concurring). <br class="br">1990s

“Legislative flexibility on the part of Congress will be the touchstone of federalism when the capacity to support combustion becomes the acid test of a fire extinguisher. Congressional flexibility is desirable, of course - but only within the bounds of federal power established by the Constitution. Beyond those bounds (the theory of our Constitution goes), it is a menace.”

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College Savings Bank v. Florida Prepaid Postsecondary Ed. Expense Bd., 527 U.S. 666 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=98-149 (1999). <br class="br">1990s

“I'm not going to rip all that up. It's water over the dam. The people have gotten used to it. You know, that's what Stare Decisis is all about. In other words, I am an originalist. I am a textualist. I am not a nut.”

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On originalism vs. stare decisis: Manhattan Institute Lecture http://www.manhattan-institute.org/html/wl1997.htm (17 November 1997). <br class="br">1990s

“The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version.”

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On stare decisis (adhering to judicial precedent): Planned Parenthood v. Casey, 505 U.S. 833 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=505&invol=833&friend=oyez (1992) (dissenting). <br class="br">1990s

“A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.”

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Dissenting, Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015) ; decided June 26, 2015.
2010s

“The Court's opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity.”

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Navarette v. California, 134 S. Ct. 1683, 1697, 188 L. Ed. 2d 680 (2014).
2010s

“The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law.”

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National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (Scalia, concurring).
1990s

“Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.”

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Morrison v. Olsen, 487 U.S. 654, 699 (1988) (dissenting).
1980s

“Avant-garde artistes such as respondents remain entirely free to é pater les bourgeois [shock the middle classes]; they are merely deprived of the additional satisfaction of having the bourgeoisie taxed to pay for it. It is preposterous to equate the denial of taxpayer subsidy with measures 'aimed at the suppression of dangerous ideas.”

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On tax-funded art: National Endowment for the Arts v. Finley (1998) (concurring).
1990s

“Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges it has confronted are any worse now, or, alas, even much different, from what they ever were.”

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Stone Ridge School of the Sacred Heart graduation commencement speech https://www.youtube.com/watch?v=YJSOOYx6wYM, . <br class="br">2010s

“Abusive' (or 'hostile,' which in this context I take to mean the same thing) does not seem to me a very clear standard - and I do not think clarity is at all increased by adding the adverb objectively or by appealing to a reasonable person's notion of what the vague word means.”

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Harris v. Forklift Systems, Inc., 510 U.S. 17 http://straylight.law.cornell.edu/supct/html/92-1168.ZC.html (1993) (concurring). <br class="br">1990s

“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.”

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Pennsylvania v. Union Gas Co., 491 U.S. 1 (1989) (concurring in part and dissenting in part).
1980s

“As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so.”

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On whether a state law may require notification of both parents before a minor can obtain an abortion; Hodgson v. Minnesota (1990, concurring in the judgment and dissenting in part), 497 U.S. 417 http://caselaw.findlaw.com/us-supreme-court/497/417.html, No. 88-605 ; decided June 25, 1990 <br class="br">1990s

“I believe that our people’s traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man’s going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it.”

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Ring v. Arizona (2006) (concurring).
2000s

“To tell you the truth there is no place for that in our constitutional tradition. Where did that come from? To be sure, you can't favor one denomination over another but can't favor religion over non-religion?”

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2010s

“As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.’ ” (quoting Atkins v. Virginia). “I have relied on my own experience in reaching the conclusion that the imposition of the death penalty” Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens’ experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as “the product of habit and inattention rather than an acceptable deliberative process.” The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a “thirst for vengeance.””

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It is Justice Stevens’ experience that reigns over all.
Baze v. Rees (2008) (concurring).
2000s

“Textualism should not be confused with so-called strict constructionism, which is a degraded form of textualism that brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be--though better that, I suppose, than a nontextualist. A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means.”

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Antonin Scalia, A Matter of Interpretation 23 (Princeton, NJ: Princeton University Press, 1998). http://web.archive.org/web/20060911103004/http://www.tannerlectures.utah.edu/lectures/scalia97.pdf (PDF). <br class="br">1990s

“People look at rights as if they were muscles — the more you exercise them, the better they get.”

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Speech at the University of Chicago Law School http://maroon.uchicago.edu/news/articles/2003/05/09/justice_scalia_speak.php (6 May 2003). <br class="br">2000s

“I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that's what it says, that's what it says.”

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Forum at American University http://domino.american.edu/AU/media/mediarel.nsf/1D265343BDC2189785256B810071F238/1F2F7DC4757FD01E85256F890068E6E0?OpenDocument (2005). <br class="br">2000s

“If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word.”

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United States v. Rodriguez-Moreno, 526 U.S. 275 (1998) (Scalia, dissenting).
1990s

“My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.”

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Call for Reckoning http://pewforum.org/deathpenalty/resources/transcript3.php3 - Pew Forum conference (25 January 2002). N.b. this speech was later modified into an article - God's Justice and Ours http://www.firstthings.com/article/2007/01/gods-justice-and-ours-32 which repeats much the same points. <br class="br">2000s

“Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.”

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On civil rights and the Global War on Terrorism: Hamdi v. Rumsfeld (2004) (dissenting).
2000s

“We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business.”

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Sosa v. Alvarez-Machain et al., 542 U. S. 692 (2004) (concurring in part and concurring in judgment).
2000s

“Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. 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.”

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Dissenting, King v, Burwell, 576 U.S. ___ (2015) ; decided June 25, 2015.
2010s

“Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis.”

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On legislating from the bench: Morrison v. Olson, 487 U.S. 654 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=487&invol=654 (1988) (dissenting). <br class="br">1980s

“The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.”

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On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

“Winning and losing, that's never been my objective. It's my hope that in the fullness of time, the majority of the court will is come to see things as I do.”

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NPR interview with Nina Totenberg ; as cited in Scalia: A Court of One https://en.wikiquote.org/wiki/Special:BookSources/1451611463, Bruce Allen Murphy, Simon & Schuster (2014), p. 374 <br class="br">2010s

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