Clear Quote by Antonin Scalia
“More 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.”
About This Quote
The judiciary must enforce statutes as written, not infer broader intentions beyond clear language, preserving the rule of law over legislative discretion.
In simple terms: Statutes should be applied literally, not expanded by courts.
Key Takeaway
Legislative intent does not override explicit text.
Themes
rule of law
judicial restraint
statutory interpretation
separation of powers
legislative intent
Mood
serious
analytical
Type
legal
philosophical
When to use this quote
- court reviewing ambiguous statutes
- legislators drafting new laws
- judges interpreting legacy statutes
- policy debates on judicial activism
Key Concepts
textualism
constitutionalism
legal certainty
Practical Applications
- legal education on textualism
- guidance for lawmakers on drafting clarity
Questions to Reflect On
- How does strict textualism affect democratic accountability?
- When might a court justifiably deviate from literal text?
A Different Perspective
Critics argue strict textualism can ignore evolving societal needs and legislative purpose.
![“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…” quote by Antonin Scalia](https://sms4smile.com/quotes/img-quotes/73f/antonin-scalia-2855_congress_the-court-s-decision-reflects-the-philos_386108.jpg)
![“We have no clear ideas of the agency of [demonic] spirits, nor is it necessary. The Scripture says little to satisfy our curiosity; but tells us plainly that he is always watching us, and desiring to sift us as wheat. I believe we give him no more than his due, when we charge him with having a…” quote by John Newton](https://sms4smile.com/quotes/img-quotes/c75/john-newton-6629_abundance_we-have-no-clear-ideas-of-the-agency-of_2907.jpg)
