Antonin Scalia: Constitution

“What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize.”

Antonin Scalia

Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U20028&friend=oyez, No. 94-1654 (1996, dissenting); decided June 28, 1996.
1990s

People , Secret , World , Justice

“If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf—and if one assumes the correctness of all the other wrong turns the Court has made to get to this point—then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government's power [t]o regulate Commerce with foreign Nations, and among the several States, U. S. Const., Art. I, § 8, cl. 3, to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a fundamental aspect of golf.”

Antonin Scalia

PGA Tour, Inc. v. Martin, 532 U.S. 661 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=00-24 (2001) (dissenting).
2000s

Age , Justice , Law , Art

“The point at which life becomes 'worthless,' and the point at which the means necessary to preserve it become 'extraordinary' or 'inappropriate,' are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory…[therefore] even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored.”

Antonin Scalia

On the court's lack of authority regarding the right to die: Cruzan v. Missouri Department of Health, 497 U.S. 261 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=497&invol=261&friend=oyez (1990) (concurring).
1990s

Life , People , Justice

“Today's extension of the Edwards prohibition is the latest stage of prophylaxis built upon prophylaxis, producing a veritable fairyland castle of imagined constitutional restriction upon law enforcement.”

Antonin Scalia

Minnick v. Mississippi, 498 US 146 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=498&invol=146#156 (1990) (dissenting).
1990s

Law , Imagination

“It is hard to consider women a 'discrete and insular minority', unable to employ the 'political processes ordinarily to be relied upon' when they constitute a majority of the electorate. And the suggestion that they are incapable of exerting that political power smacks of the same paternalism that the Court so roundly condemns.”

Antonin Scalia

On legal paternalism: United States v. Virginia (1996) (dissenting).
1990s

Women

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

Antonin Scalia

Dissenting (footnote #22), Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015) ; decided June 26, 2015.
2010s

Law , Personality

“If you care passionately about something has become the only test to determine if something is constitutional. How passionately do you care?”

Antonin Scalia

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

Passion

“What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists.”

Antonin Scalia

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

People , Law , Decision , Change

“What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States.”

Antonin Scalia

Dickerson v. United States, 530 U.S. 428, 461 http://straylight.law.cornell.edu/supct/html/99-5525.ZD.html (2000) (dissenting).
2000s

Justice , Decision

“The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible.”

Antonin Scalia

Ohio v. Akron Center for Reproductive Health, (1990, concurring), 497 U.S. 502 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&navby=case&court=us&vol=497&invol=502#520 ; decided June 25,1990).
1990s

Life , Question

“Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual.... To pursue the concept of racial entitlement - even for the most admirable and benign of purposes - is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American.”

Antonin Scalia

Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 239 (1995) (Scalia, J., concurring).
1990s

Way , Thinking , Future

“We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" […] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i. e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings.”

Antonin Scalia

Stanford v. Kentucky (1989) (plurality part, case later overruled by Roper); decided June 26, 1989.
1980s

Death , Law , Penalty , Quotes

“It is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court's claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”

Antonin Scalia

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

Marriage , People , Law , Imagination

“The notion that the Constitution of the United States, designed, among other things, 'to establish Justice, insure domestic Tranquility,... and secure the Blessings of Liberty to ourselves and our Posterity,' prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite simply absurd.”

Antonin Scalia

Stenberg v. Carhart (2000) (dissenting).
2000s

Justice

“I am left to defend the 'dead' Constitution.”

Antonin Scalia

On a living Constitution: Speech at Marquette University in Milwaukee (13 March 2001).
2000s

Dead

“[N]ot once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that "[n]o person shall be held to answer for a capital… crime, unless on a presentment or indictment of a Grand Jury," and that no person shall be "deprived of life… without due process of law."”

Antonin Scalia

Concurring, Glossip v. Gross, 576 U.S. ___ (2015).
2010s

Life , Death , Law , Penalty

“Now the Senate is looking for 'moderate' judges, 'mainstream' judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?”

Antonin Scalia

Address to Chapman University students http://www.cnn.com/2005/LAW/08/30/scalia.re.enactment.ap/index.html (2005).
2000s

World

“I am persuaded, therefore, that the Maryland procedure is virtually constitutional. Since it is not, however, actually constitutional, I would affirm the judgment of the Maryland Court of Appeals reversing the judgment of conviction.”

Antonin Scalia

Maryland v. Craig, 497 U.S. 836 (1990).
1990s

“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… That's a possible way to run a political system. The Europeans run it that way… And if the American people want to do it, I suppose they can enact that by statute. But to say that's what the Constitution requires is utterly absurd.”

Antonin Scalia

Speech at Colorado Christian University, quoted in Valerie Richardson, "Scalia defends keeping God, religion in public square" http://www.washingtontimes.com/news/2014/oct/1/justice-antonin-scalia-defends-keeping-god-religio/ (), The Washington Times.
2010s

People , Religion , Way , Thinking

“Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box.”

Antonin Scalia

" The Originalist https://ww2.callawyer.com/clstory.cfm?pubdt=NaN&eid=913358&evid=1", California Lawyer (January 2011).
2010s

Law , Sex , Box