It would also be strange to find in the midst of a catalog of the rights of individuals a provision securing to the states the right to maintain a designated "Militia." Dispassionate scholarship suggests quite strongly that the right of the people to keep and bear arms meant just that.
Antonin ScaliaThe principal purpose of stare decisis is to protect reliance interest and further stability in the law.
Antonin ScaliaWhat is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?
Antonin ScaliaThe death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.
Antonin ScaliaWords no longer have meaning if an Exchange that is not established by a State is "established by the State".
Antonin ScaliaMore importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.
Antonin Scalia