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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
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As Long As Judges Tinker With The

Antonin Scalia
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.
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Law Long People

More From Antonin Scalia

The proposed constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal constitution; but a composition of both. in its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal, and partly national; in the operation of these powers, it is national, not federal; in the extent of them again, it is federal, not national; and finally, in the authoritative mode of introducing amendments, it is neither wholly federal, nor wholly national.
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If you call yourself an american that means that you have embraced the constitution, because that is what an american is. a citizen of the united states of america is someone who has sworn an oath of allegiance to that document, to the words, to the ideals of that document. right now we have citizens who don't even understand what that document is.
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There is a document in every novel in the world. even in the most fantastic novel, even in science fiction, there is a documentary side. but, this side is not the crux of the matter. i don't think a novel's main donation, main gift, is the document. the document is there, but a novel goes beyond documentation. it goes into opening a new vista, opening a new perspective, showing familiar things in an unfamiliar way.
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If we stuck to the constitution as written, we would have: no federal meddling in our schools; no federal reserve; no u.s. membership in the un; no gun control; and no foreign aid. we would have no welfare for big corporations, or the "poor"; no american troops in 100 foreign countries; no nafta, gat, or "fast-track"; no arrogant federal judges usurping states rights; no attacks on private property; no income tax. we could get rid of most of the agencies, and most of the budget. the government would be small, frugal, and limited.
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When you say documentary, you have to have a sophisticated ear to receive that word. it should be documentary style, because documentary is police photography of a scene and a murder ... that's a real document. you see, art is really useless, and a document has use. and therefore, art is never a document, but it can adopt that style. i do it. i'm called a documentary photographer. but that presupposes a quite subtle knowledge of this distinction.
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It [the constitution] didn't break free from the essential constraints that were placed by the founding fathers in the constitution, at least as it's been interpreted, and the warren court interpreted it in the same way that generally the constitution is a charter of negative liberties. it says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. and that hasn't shifted.
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