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Antonin Scalia

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Now the Senate is looking for 'moderate' judges, 'mainstream' judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?
--
Address to Chapman University students in 2005 ).

 
Antonin Scalia

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Don’t tell me you are a moderate. Moderate is an adjective. It is a qualifier. You may be a moderate conservative, a moderate democrat, or a moderate drinker but it doesn’t tell me what you believe in. It’s not a philosophy. Unless all you believe in is moderation for the sake of moderation. Grow up! You can’t be a good egg all of your life. Someday you have to either hatch or rot.

 
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No doubt, there are those who believe that judges-and particularly dissenting judges-write to hear themselves say, as it were, I I I. And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions.

 
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A life is one kind of biography and the letters are another kind of life, but the internal story, the true story is in the Collected Poems. The recent attempts by Motion and others to pass judgement on Larkin look awfully green and pale, compared with the self-examinations of the poetry. They think they judge him? No, he judges them. His indivisibility judges their hedging and trimming. His honesty judges their watchfulness.

 
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You seem to consider the federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all departments co-equal and co-sovereign within themselves.

 
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