There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction. My concern is that in making life easier for ourselves we not appear to make it harder for the lower federal courts, imposing upon them the burden of regularly analyzing newly-discovered-evidence-of-innocence claims in capital cases (in which event such federal claims, it can confidently be predicted, will become routine and even repetitive).

Antonin Scalia

Categorized in : Justice Practice Demand

God assumed from the beginning that the wise of the world would view Christians as fools...and He has not been disappointed....If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.

Antonin Scalia

christian god wise

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.

Antonin Scalia

law long people

Bear in mind that brains and learning, like muscle and physical skill, are articles of commerce. They are bought and sold. You can hire them by the year or by the hour. The only thing in the world not for sale is character.

Antonin Scalia

learning teaching character

That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break. But you would have to be an idiot to believe that. The Constitution is not a living organism; it is a legal document. It says something and doesn't say other things.

Antonin Scalia

melting believe years

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.

Antonin Scalia

court-judges law ideas

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.

Antonin Scalia

mean believe jesus

It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one.

Antonin Scalia

melting illusion constitution

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.

Antonin Scalia

melting scary christian

What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?

Antonin Scalia

interpretation motivational mean

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.

Antonin Scalia

court-judges faithful judging

A Bill of Rights that means what the majority wants it to mean is worthless.

Antonin Scalia

liberty rights mean

Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.

Antonin Scalia

melting design country

If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?

Antonin Scalia

moral murder feelings

Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't.

Antonin Scalia

issues doe sex

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.

Antonin Scalia

law philosophy order

I am glad that I am not raising kids today. And I’m rather pessimistic that my grandchildren will enjoy the great society that I’ve enjoyed in my lifetime. I really think it’s coarsened. It’s coarsened in so many ways. One of the things that upsets me about modern society is the coarseness of manners. You can’t go to a movie — or watch a television show for that matter — without hearing the constant use of the F-word — including, you know, ladies using it. People that I know don’t talk like that!

Antonin Scalia

grandchildren kids thinking

Words have meaning. And their meaning doesn't change.

Antonin Scalia

For in order for capitalism to work -- in order for it to produce a good and a stable society -- the traditional Christian virtues are essential.

Antonin Scalia

essentials christian order

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.

Antonin Scalia

teacher believe children

[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.... Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.

Antonin Scalia

army gun pride