Frases de Antonin Scalia (100 citas, página 2)

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Antonin Scalia: Frases en inglés

“Mere factual innocence is no reason not to carry out a death sentence properly reached.”

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Antonin Scalia

These words, which have been widely attributed to Scalia, do not appear in any of his writings or statements. http://www.snopes.com/scalia-death-penalty-quote He nonetheless remarked in Herrera v. Collins (1993, concurring) that state courts had no obligation to review a death sentence on factual innocence grounds, an opinion that he repeated in In re Davis (2009, dissenting).
Misattributed

“The Court today finds that the Powers That Be, up in Albany, have conspired to effect an establishment of the Satmar Hasidim. I do not know who would be more surprised at this discovery: the Founders of our Nation or Grand Rebbe Joel Teitelbaum, founder of the Satmar. The Grand Rebbe would be astounded to learn that after escaping brutal persecution and coming to America with the modest hope of religious toleration for their ascetic form of Judaism, the Satmar had become so powerful, so closely allied with Mammon, as to have become an establishment of the Empire State. And the Founding Fathers would be astonished to find that the Establishment Clause — which they designed to insure that no one powerful sect or combination of sects could use political or governmental power to punish dissenters — has been employed to prohibit characteristically and admirably American accommodation of the religious practices (or more precisely, cultural peculiarities) of a tiny minority sect. I, however, am not surprised. Once this Court has abandoned text and history as guides, nothing prevents it from calling religious toleration the establishment of religion.”

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Antonin Scalia

Board of Ed. of Kiryas Joel v. Grumet (1994) (dissenting) (citations and some internal quotation marks omitted).
1990s

“If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.”

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Antonin Scalia

Speech at Chapman Law School http://lawandordnance.com/oldbrass/2005/08/the_quotable_sc.php (August 2005).
2000s

“In my view, a right of parents to direct the upbringing of their children is among the 'unalienable Rights' with which the Declaration of Independence proclaims 'all Men... are endowed by their Creator.”

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Antonin Scalia

On parental rights: Troxel v. Granville (2000) (dissenting).
2000s

“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.”

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Antonin Scalia

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

“Bork has essentially given up. I'm not ready to throw in the towel.”

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Antonin Scalia

Asked about philosophical ally Robert Bork's urging that Congress override some Supreme Court rulings: Speech to the Anti-Defamation League http://web.archive.org/19990219131611/members.aol.com/schwenkler/scalia/nocontest.htm (May 1997).
1990s

“The tradition of having government-funded military schools for men is as well rooted in the traditions of this country as the tradition of sending only men into military combat. The people may decide to change the one tradition, like the other, through democratic processes; but the assertion that either tradition has been unconstitutional through the centuries is not law, but politics-smuggled-into-law.”

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Antonin Scalia

On gender equality: United States v. Virginia (1996) (dissenting).
1990s

“Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.”

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Antonin Scalia

Atkins v. Virginia (2002) (dissenting).
2000s

“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.”

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Antonin Scalia

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

“God has been very good to us. That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name we do him honor. In presidential addresses, in Thanksgiving proclamations and in many other ways.”

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Antonin Scalia

Archbishop Rummel High School, Metairie, Louisiana, .
2010s

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

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Antonin Scalia

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

“We are not talking here about a federal law prohibiting the States from regulating bubble-gum advertising, or even the construction of nuclear plants. We are talking about a federal law going to the core of state sovereignty: the power to exclude. […] The Court opinion’s looming specter of inutterable horror—‘[i]f [Section] 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations’—seems to me not so horrible and even less looming. But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws? […] Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. […] Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State.”

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Antonin Scalia

Concurring in part and dissenting in part, Arizona v. United States (2012) : 567 U.S. ___ (2012); decided June 25, 2012.
2010s

“This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck's aphorism that 'No man should see how laws or sausages are made.”

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Antonin Scalia

Community Nutrition Institute v. Block, 749 F.2d 50, 51 (D.C. Cir. 1984) ; decided December 5, 1984.
1980s

“Justice Blackmun begins his statement [declaring Blackmun's opposition to capital punishment] by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern. The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. See McCollum v. North Carolina.”

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Antonin Scalia

How enviable a quiet death by lethal injection compared with that!
Callins v. Collins 510 U.S. 1141 (1994) (Scalia, J., concurring in denial of cert).
1990s

“It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide.”

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Antonin Scalia

On judicial arrogance: United States v. Virginia (1996) (dissenting).
1990s

“Have the courage to have your wisdom regarded as stupidity.”

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Antonin Scalia

Address to the Knights of Columbus Council 969 in Baton Rouge, Louisiana https://web.archive.org/web/20050903023753/http://www.newamerica.net/index.cfm?pg=article&DocID=2291 (January 2005).
2000s

“The outcome of today's case will doubtless be heralded as a triumph of judicial statesmanship. It is not that, unless it is statesmanlike needlessly to prolong this Court's self-awarded sovereignty over a field where it has little proper business, since the answers to most of the cruel questions posed are political, and not juridical -- a sovereignty which therefore quite properly, but to the great damage of the Court, makes it the object of the sort of organized public pressure that political institutions in a democracy ought to receive. […] Ordinarily, speaking no more broadly than is absolutely required avoids throwing settled law into confusion; doing so today preserves a chaos that is evident to anyone who can read and count. Alone sufficient to justify a broad holding is the fact that our retaining control, through Roe, of what I believe to be, and many of our citizens recognize to be, a political issue, continuously distorts the public perception of the role of this Court. We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us -- their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will -- to follow the popular will. Indeed, I expect we can look forward to even more of that than before, given our indecisive decision today. […] It was an arguable question today whether [Section] 188.029 of the Missouri law contravened this Court’s understanding of Roe v. Wade, and I would have examined Roe rather than examining the contravention. […] Of the four courses we might have chosen today -- to reaffirm Roe, to overrule it explicitly, to overrule it sub silentio, or to avoid the question -- the last is the least responsible. On the question of the constitutionality of [Section] 188.029, I concur in the judgment of the Court and strongly dissent from the manner in which it has been reached.”

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Antonin Scalia

Webster v. Reproductive Health Services (1989, concurring in part and concurring in the judgment), 492 U.S. 490 https://www.law.cornell.edu/supremecourt/text/492/490#writing-USSC_CR_0492_0490_ZC1, No. 88-605 ; decided July 3, 1989
1980s

“The body of scientific evidence supporting creation science is as strong as that supporting evolution. In fact, it may be stronger…. The evidence for evolution is far less compelling than we have been led to believe. Evolution is not a scientific "fact," since it cannot actually be observed in a laboratory. Rather, evolution is merely a scientific theory or "guess."… It is a very bad guess at that. The scientific problems with evolution are so serious that it could accurately be termed a "myth."”

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Antonin Scalia

Edwards v. Aguillard, 482 U.S. 578 (1987) (dissenting) http://www.belcherfoundation.org/edwards_v_aguillard_dissent.htm
Has been misleadingly quoted without Scalia's statements attributing the assertions to witness testimony paragraphs earlier, "Before summarizing the testimony of Senator Keith and his supporters, I wish to make clear that I by no means intend to endorse its accuracy... Senator Keith and his witnesses testified essentially as set forth in the following numbered paragraphs:", as in Michael Stone, " Scalia Commencement Speech Supports Young Earth Creationism http://www.patheos.com/blogs/progressivesecularhumanist/2015/06/scalia-commencement-speech-supports-young-earth-creationism/" (), Progressive Secular Humanist, Patheos.
Misattributed

“[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."”

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Antonin Scalia

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

“The main business of a lawyer is to take the romance, the mystery, the irony, the ambiguity out of everything he touches.”

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Antonin Scalia

Speech at the Juilliard School http://www.nytimes.com/2005/09/23/nyregion/23juilliard.html (22 September 2005).
2000s

“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?”

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Antonin Scalia

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

“I respectfully, and indeed diffidently, dissent.”

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Antonin Scalia

Saratoga Fishing Co. v. J. M. Martinac & Co., 520 U.S. 875 (1997) (dissenting).
1990s

“I don't think it's a living document, I think it's dead. More precisely, I think it's enduring. It doesn't change. I think that needs to be orthodoxy.”

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Antonin Scalia

Speech at Thomas Jefferson High School in Alexandria, Virginia (April 2008). http://www.swamppolitics.com/news/politics/blog/2008/04/no_to_cameras_yes_to_60_minute.html
2000s

“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.”

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Antonin Scalia

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

“In Barnette, we held that a public school student could not be compelled to recite the Pledge; we did not even hint that she could not be compelled to observe respectful silence.... Logically, that ought to be the next target for the Court's bulldozer.”

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Antonin Scalia

On the Pledge of Allegiance: Lee v. Weisman (1992) (dissenting).
1990s

“What if I am an aficionado of bullfights and I think, contrary to the animal cruelty people, that they ennoble both beast and man. I would not be able to market videos showing people how exciting a bullfight.”

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Antonin Scalia

The Human Sacrifice Channel? Crush-Video Arguments Get Creative http://blogs.wsj.com/law/2009/10/07/the-human-sacrifice-channel-crush-video-arguments-get-creative/ Wall Street Journal, (Oct, 2008).
2000s

“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.”

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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

“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.”

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Antonin Scalia

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

“Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible.”

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Antonin Scalia

Speech at Princeton University (1995), as quoted in a Scalia profile published by The Christian Science Monitor http://csmonitor.com/cgi-bin/durableRedirect.pl?/durable/1998/03/03/us/us.3.html.
1990s