A Quote by Antonin Scalia
The Constitution does not trust judges to make determinations of criminal guilt.
Related Quotes
We should distinguish between responsibility and guilt. Guilt only touches the ones who committed the crimes but the son of a criminal is not a criminal himself.
Although the most acute judges of the witches and even the witches themselves, were convinced of the guilt of witchery, the guilt nevertheless was non-existent. It is thus with all guilt.
Malpractice tort reform can be something as commonsensical as the establishment of medical courts - similar to bankruptcy or admiralty courts - with special judges to make determinations in cases brought by parties claiming injury.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, and a criminal tribe, but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently what is often regarded as "political" activity is in fact a criminal activity.
The Anti-Vivisector does not deny that physiologists must make experiments and even take chances with new methods. He says that they must not seek knowledge by criminal methods, just as they must not make money by criminal methods. He does not object to Galileo dropping cannon balls from the top of the leaning tower of Pisa; but he would object to shoving off two dogs or American tourists.
It is the people, and not the judges, who are entitled to say what their constitution means, for the constitution is theirs, it belongs to them and not to their servants in office—any other theory is incompatible with the foundation principles of our government.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
An independent judiciary does not mean judges independent of the Constitution from which they derive their power or independent of the laws that they are sworn to uphold.
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.
Parents create guilt. That is the greatest sin against humanity. To create guilt in a child is criminal because once the guilt is created, the child will never be free of it. Unless he is very intelligent it will be impossible for him to get rid of it; something of it will remain around him like a hangover.
Make peace with guilt. Guilt is a poisonous illusion. Many languages don't even have a word for guilt.
Constitutions are violated, and it would be absurd to expect the federal government to enforce the Constitution against itself. If the very federal judges the Constitution was partly intended to restrain were the ones exclusively charged with enforcing it, then "America possesses only the effigy of a Constitution." The states, the very constituents of the Union, had to do the enforcing.
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
I rise in support of the separation of powers as established by our Founding Fathers in the Constitution. The Constitution clearly delegates the power to deal with criminal matters, like the use of drugs, to the States.
The Constitution empowers the people to resolve our day's most contentious issues. When judges forget this basic truth, they do a disservice to our democracy and to our constitution.
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