Amendment Quote by Antonin Scalia
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“[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.”
About This Quote
Source Speech: Oral Argument, Supreme Court of the United States, 2005
The Constitution protects certain rights that cannot be eliminated by policy decisions; judges must not declare those rights extinct regardless of contemporary challenges.
In simple terms: Rights are fixed and cannot be removed by policy.
Key Takeaway
Respect constitutional limits on judicial power.
Themes
constitutional law
judicial restraint
individual rights
gun control
political philosophy
Mood
serious
thoughtful
Type
legal
political
philosophical
When to use this quote
- legislative drafting
- court rulings
- public policy debates
- law school curricula
Key Concepts
originalism
judicial review
balance of powers
Questions to Reflect On
- How should courts balance constitutional rights with modern safety needs?
- When is it appropriate for courts to reinterpret historical rights?
A Different Perspective
Judicial decisions may be constrained by political realities and public safety concerns.
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