--- title: "Meaning & Key Takeaway of: [T]he enshrinement of constitutional…" description: "\"[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table… Undoubtedly some think that the Second Amendment is..." image: "https://sms4smile.com/quotes/i/aaa/antonin-scalia-2855_amendment_t-he-enshrinement-of-constitutional-righ_1483224.png" --- # \[T\]he enshrinement of constitutional rights necessarily… ![“[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…” quote by Antonin Scalia](https://sms4smile.com/quotes/i/aaa/antonin-scalia-2855_amendment_t-he-enshrinement-of-constitutional-righ_1483224.png) [Download](https://sms4smile.com/quotes/i/aaa/antonin-scalia-2855_amendment_t-he-enshrinement-of-constitutional-righ_1483224.png) [Open image](https://sms4smile.com/quotes/i/aaa/antonin-scalia-2855_amendment_t-he-enshrinement-of-constitutional-righ_1483224.png) > “\[T\]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.” [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) ## About This Quote This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation. 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. ★ ★ ★ ★ ★ No ratings yet [Amendment](https://sms4smile.com/quotes/about/amendment/) [Amendment Extinct](https://sms4smile.com/quotes/about/amendment-extinct-5410625/) [Amendment Outmoded](https://sms4smile.com/quotes/about/amendment-outmoded-5410626/) [Amendments](https://sms4smile.com/quotes/about/amendments/) [Army](https://sms4smile.com/quotes/about/army/) [Certain](https://sms4smile.com/quotes/about/certain/) [Choices](https://sms4smile.com/quotes/about/choices/) [Constitutional rights](https://sms4smile.com/quotes/about/constitutional-rights/) [Court](https://sms4smile.com/quotes/about/court/) [Court justice](https://sms4smile.com/quotes/about/court-justice/) [Cybersecurity](https://sms4smile.com/quotes/about/cybersecurity/) [Enshrinement Constitutional](https://sms4smile.com/quotes/about/enshrinement-constitutional-5410627/) [Force](https://sms4smile.com/quotes/about/force/) [Gun](https://sms4smile.com/quotes/about/gun/) [Gun violence](https://sms4smile.com/quotes/about/gun-violence/) [Melting](https://sms4smile.com/quotes/about/melting/) [Nations](https://sms4smile.com/quotes/about/nations/) [Personal security](https://sms4smile.com/quotes/about/personal-security/) [Police](https://sms4smile.com/quotes/about/police/) [Police force](https://sms4smile.com/quotes/about/police-force/) [Policy](https://sms4smile.com/quotes/about/policy/) [Pride](https://sms4smile.com/quotes/about/pride/) [Problem](https://sms4smile.com/quotes/about/problem/) [Rights](https://sms4smile.com/quotes/about/rights/) [Roles](https://sms4smile.com/quotes/about/roles/) [Second amendment](https://sms4smile.com/quotes/about/second-amendment/) [Security](https://sms4smile.com/quotes/about/security/) [Serious](https://sms4smile.com/quotes/about/serious/) [Standing](https://sms4smile.com/quotes/about/standing/) [Supreme court](https://sms4smile.com/quotes/about/supreme-court/) [Supreme court justice](https://sms4smile.com/quotes/about/supreme-court-justice/) [Tables](https://sms4smile.com/quotes/about/tables/) [Thinking](https://sms4smile.com/quotes/about/thinking/) [Violence](https://sms4smile.com/quotes/about/violence/) [Wells](https://sms4smile.com/quotes/about/wells/) ## Related quotes > [If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution…](https://sms4smile.com/quotes/antonin-scalia/if-even-as-the-price-to-be-paid-for-a-fifth-vote-i-ever-joined-an/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Persuade your fellow citizens it's a good idea and pass a law. That's what democracy is all about. It's not about nine superannuated judges…](https://sms4smile.com/quotes/antonin-scalia/persuade-your-fellow-citizens-it-s-a-good-idea-and-pass-a-law-that-s/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [ I do think that being the second \[female Supreme Court Justice\] is wonderful, because it is a sign that being a woman in a… ](https://sms4smile.com/quotes/ruth-bader-ginsburg/i-do-think-that-being-the-second-female-supreme-court-justice-is/) [Ruth Bader Ginsburg](https://sms4smile.com/quotes/author/ruth-bader-ginsburg/) > [We do need to rethink privacy. I think we need to fall back on (former Supreme Court Justice) Felix Frankfurter's definition of privacy which…](https://sms4smile.com/quotes/paul-saffo/we-do-need-to-rethink-privacy-i-think-we-need-to-fall-back-on-former/) [Paul Saffo](https://sms4smile.com/quotes/author/paul-saffo/) > [There is no more moving a professional relationship than that between a law clerk and a Supreme Court justice. As a place to work,…](https://sms4smile.com/quotes/cliff-sloan/there-is-no-more-moving-a-professional-relationship-than-that-between/) [Cliff Sloan](https://sms4smile.com/quotes/author/cliff-sloan/) > [Justice Sandra Day O'Connor serves as a model Supreme Court justice, widely recognized as a jurist with practical values, a sense of the consequences…](https://sms4smile.com/quotes/patrick-leahy/justice-sandra-day-o-connor-serves-as-a-model-supreme-court-justice/) [Patrick Leahy](https://sms4smile.com/quotes/author/patrick-leahy/) > [It is profoundly troubling when you have Supreme Court justices not following their judicial oath. And taking the role of policy makers and legislators,…](https://sms4smile.com/quotes/ted-cruz/it-is-profoundly-troubling-when-you-have-supreme-court-justices-not/) [Ted Cruz](https://sms4smile.com/quotes/author/ted-cruz/) > [I am not a conservative but I have spoken out for years against the staggering amount blind hatred directed at black conservatives by liberals.…](https://sms4smile.com/quotes/juan-williams/i-am-not-a-conservative-but-i-have-spoken-out-for-years-against-the/) [Juan Williams](https://sms4smile.com/quotes/author/juan-williams/) > [My mother used to say: 'It's not enough to be Hungarian. You still need a little talent, too.' To paraphrase her, its not enough…](https://sms4smile.com/quotes/dick-morris/my-mother-used-to-say-it-s-not-enough-to-be-hungarian-you-still-need/) [Dick Morris](https://sms4smile.com/quotes/author/dick-morris/) > [The appointment of the next Supreme Court justice must be made in the people's interest and in the nation's interest, not in the interest…](https://sms4smile.com/quotes/patrick-leahy/the-appointment-of-the-next-supreme-court-justice-must-be-made-in-the/) [Patrick Leahy](https://sms4smile.com/quotes/author/patrick-leahy/) > [I was very pleased to get a Supreme Court justice suggesting a column, so I went and did a column about Beano. I went…](https://sms4smile.com/quotes/dave-barry/i-was-very-pleased-to-get-a-supreme-court-justice-suggesting-a-column/) [Dave Barry](https://sms4smile.com/quotes/author/dave-barry/) > [We give Supreme Court justices this freedom because we expect them to remain above the pull of politics, to avoid the effects of public…](https://sms4smile.com/quotes/herb-kohl/we-give-supreme-court-justices-this-freedom-because-we-expect-them-to/) [Herb Kohl](https://sms4smile.com/quotes/author/herb-kohl/) > [You know, it shows how old I am. I can remember the good old days when the president picked the Supreme Court justices instead…](https://sms4smile.com/quotes/jay-leno/you-know-it-shows-how-old-i-am-i-can-remember-the-good-old-days-when/) [Jay Leno](https://sms4smile.com/quotes/author/jay-leno/) > [Donald Trump's insulting comments about women go hand in hand with his plans to defund Planned Parenthood and appoint Supreme Court justices who will…](https://sms4smile.com/quotes/hillary-clinton/donald-trump-s-insulting-comments-about-women-go-hand-in-hand-with/) [Hillary Clinton](https://sms4smile.com/quotes/author/hillary-clinton/) > [We became a congresswoman, a stay-at-home mom, a filmmaker, and a journalist. And Lino and I taught our children that they could rise to…](https://sms4smile.com/quotes/diana-degette/we-became-a-congresswoman-a-stay-at-home-mom-a-filmmaker-and-a/) [Diana DeGette](https://sms4smile.com/quotes/author/diana-degette/) ## More by Antonin Scalia > [What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?](https://sms4smile.com/quotes/antonin-scalia/what-is-a-moderate-interpretation-of-the-text-halfway-between-what-it/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea?…](https://sms4smile.com/quotes/antonin-scalia/if-you-think-aficionados-of-a-living-constitution-want-to-bring-you/) [Antonin Scalia](https://sms4smile.com/quotes/author/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…](https://sms4smile.com/quotes/antonin-scalia/more-importantly-the-court-forgets-that-ours-is-a-government-of-laws/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Wringing your hands about states' rights, forget it. They're gone. Basically, the federal government can do whatever it wants. Who's going to protect the…](https://sms4smile.com/quotes/antonin-scalia/wringing-your-hands-about-states-rights-forget-it-they-re-gone/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [If you condemn someone who has committed a crime to be tortured, that would be unconstitutional.](https://sms4smile.com/quotes/antonin-scalia/if-you-condemn-someone-who-has-committed-a-crime-to-be-tortured-that/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Burning the flag is a form of expression. Speech doesn't just mean written words or oral words. It could be semaphore. And burning a…](https://sms4smile.com/quotes/antonin-scalia/burning-the-flag-is-a-form-of-expression-speech-doesn-t-just-mean/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Being a good person begins with being a wise person. Then, when you follow your conscience, will you be headed in the right direction.](https://sms4smile.com/quotes/antonin-scalia/being-a-good-person-begins-with-being-a-wise-person-then-when-you/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this…](https://sms4smile.com/quotes/antonin-scalia/the-court-s-job-is-to-uphold-the-constitution-and-you-don-t-call-that/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [We have laws against torture. The Constitution says nothing whatever about torture. It speaks of punishment; 'cruel and unusual' punishments are forbidden.](https://sms4smile.com/quotes/antonin-scalia/we-have-laws-against-torture-the-constitution-says-nothing-whatever/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ.…](https://sms4smile.com/quotes/antonin-scalia/if-i-have-brought-any-message-today-it-is-this-have-the-courage-to/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of…](https://sms4smile.com/quotes/antonin-scalia/many-think-it-not-only-inevitable-but-entirely-proper-that-liberty/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to…](https://sms4smile.com/quotes/antonin-scalia/that-s-the-argument-of-flexibility-and-it-goes-something-like-this/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [Why in the world would you have it interpreted by nine lawyers?](https://sms4smile.com/quotes/antonin-scalia/why-in-the-world-would-you-have-it-interpreted-by-nine-lawyers/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [ Who ever thought that intimacy and spirituality \[whatever that means\] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged… ](https://sms4smile.com/quotes/antonin-scalia/who-ever-thought-that-intimacy-and-spirituality-whatever-that-means/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) > [I'm nervous about our civic culture. I'm not sure the Internet is largely the cause of it. It's certainly the cause of careless writing.…](https://sms4smile.com/quotes/antonin-scalia/i-m-nervous-about-our-civic-culture-i-m-not-sure-the-internet-is/) [Antonin Scalia](https://sms4smile.com/quotes/author/antonin-scalia/) [Explore all 146 Antonin Scalia quotes ](https://sms4smile.com/quotes/author/antonin-scalia/) ## More Amendment quotes > [There are a lot of people who want to retain the Eighth Amendment - I don't agree with that view myself - there are…](https://sms4smile.com/quotes/leo-varadkar/there-are-a-lot-of-people-who-want-to-retain-the-eighth-amendment-i/) [Leo Varadkar](https://sms4smile.com/quotes/author/leo-varadkar/) > [“Let's just make this easy. I'm in favor of a Constitutional amendment that would read something like this: 'Neither the federal government, nor any…](https://sms4smile.com/quotes/neal-boortz/let-s-just-make-this-easy-i-m-in-favor-of-a-constitutional-amendment/) [Neal Boortz](https://sms4smile.com/quotes/author/neal-boortz/) > [If you reduce the guns and the ammo, you'll reduce the murders.](https://sms4smile.com/quotes/michael-moore/if-you-reduce-the-guns-and-the-ammo-you-ll-reduce-the-murders/) [Michael Moore](https://sms4smile.com/quotes/author/michael-moore/) > [Gun control laws don't work. What is worse, they act perversely. While legitimate users of firearms encounter intense regulation, scrutiny and bureaucratic control, illicit…](https://sms4smile.com/quotes/daniel-d-polsby/gun-control-laws-don-t-work-what-is-worse-they-act-perversely-while/) [Daniel D. Polsby](https://sms4smile.com/quotes/author/daniel-d-polsby/) > [Can you understand why the Congress, most states and most cities refuse to pass legislation requiring the registration and licensing of any and all…](https://sms4smile.com/quotes/malcolm-forbes/can-you-understand-why-the-congress-most-states-and-most-cities/) [Malcolm Forbes](https://sms4smile.com/quotes/author/malcolm-forbes/) > [This separation was absolute in our original Republic. But the sky-godders do not give up easily. In the 1950s they actually got the phrase…](https://sms4smile.com/quotes/gore-vidal/this-separation-was-absolute-in-our-original-republic-but-the-sky/) [Gore Vidal](https://sms4smile.com/quotes/author/gore-vidal/) > [Guns aren't the problem; sick people are.](https://sms4smile.com/quotes/pete-sessions/guns-aren-t-the-problem-sick-people-are/) [Pete Sessions](https://sms4smile.com/quotes/author/pete-sessions/) > [The proliferation of right-to-carry laws throughout the states has drawn plaintive complaints from the criminal element. They feel that it makes their profession too…](https://sms4smile.com/quotes/jeff-cooper/the-proliferation-of-right-to-carry-laws-throughout-the-states-has/) [Jeff Cooper](https://sms4smile.com/quotes/author/jeff-cooper/) > [Gun violence has cost us too many political leaders, and hardly ever the worst ones.](https://sms4smile.com/quotes/p-j-o-rourke/gun-violence-has-cost-us-too-many-political-leaders-and-hardly-ever/) [P. J. O'Rourke](https://sms4smile.com/quotes/author/p-j-o-rourke/) > [I don't think anybody who carries a rifle carries the future. Because I don't believe that you can really change the world by killing…](https://sms4smile.com/quotes/shimon-peres/i-don-t-think-anybody-who-carries-a-rifle-carries-the-future-because/) [Shimon Peres](https://sms4smile.com/quotes/author/shimon-peres/) > [“my folks wouldn't read a book if you put a gun to their dicks. but they read people all day long and always get…](https://sms4smile.com/quotes/pat-conroy/my-folks-wouldn-t-read-a-book-if-you-put-a-gun-to-their-dicks-but/) [Pat Conroy](https://sms4smile.com/quotes/author/pat-conroy/) > [Anybody who pretends that how you read the 10th and 11th Amendment doesn't have a fundamental impact on the things we care about is…](https://sms4smile.com/quotes/joe-biden/anybody-who-pretends-that-how-you-read-the-10th-and-11th-amendment/) [Joe Biden](https://sms4smile.com/quotes/author/joe-biden/) > [I think we have two conflicting traditions in this country. I think it's important for us to recognize that we've got a tradition of…](https://sms4smile.com/quotes/barack-obama/i-think-we-have-two-conflicting-traditions-in-this-country-i-think-it/) [Barack Obama](https://sms4smile.com/quotes/author/barack-obama/) > [Country lyrics often reference the NRA and firearms ownership as a way of life. Artists such as John Rich, Toby Keith, Sara Evans and…](https://sms4smile.com/quotes/katie-pavlich/country-lyrics-often-reference-the-nra-and-firearms-ownership-as-a/) [Katie Pavlich](https://sms4smile.com/quotes/author/katie-pavlich/) > [“People who have attended Concealed Carry classes, and those already licensed, typically seem to demonstrate a higher degree of courtesy, responsibility and respect. Interestingly,…](https://sms4smile.com/quotes/gary-behr/people-who-have-attended-concealed-carry-classes-and-those-already/) [Gary Behr](https://sms4smile.com/quotes/author/gary-behr/) [Browse all 2,041 Amendment quotes ](https://sms4smile.com/quotes/about/amendment/) ```json { "@context": "https://schema.org", "@graph": [ { "@type": "Quotation", "text": "[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. 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