I have been willing, in the case of civil statutes, to acknowledge a doctrine of scrivener's error that permits a court to give an unusual (though not unheard of ) meaning to a word which, if given its normal meaning, would produce an absurd and arguably unconstitutional result.
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U.S. v. X-Citement Video Inc., 513 U.S. 64(1994).Antonin Scalia
» Antonin Scalia - all quotes »
Your questions refer to words; so I have to talk about words.
You say : The point isn't the word, but its meaning, and you think of the meaning as a thing of the same kind as the word, though also different from the word. Here the word, there the meaning.Ludwig Wittgenstein
On executing minors: What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists.
Antonin Scalia
It would be a contradiction in terms to assume that the attainment of transcendent meaning consists in comprehending a notion. Transcendence can never be an object of possession or of comprehension. Yet man can relate himself and be engaged to it. He must know how to court meaning in order to be engaged in it. Love of ultimate meaning is not self-centered but rather a concern to transcend the self.
Abraham Joshua Heschel
Life has no meaning a priori … It is up to you to give it a meaning, and value is nothing but the meaning that you choose.
Jean-Paul Sartre
The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.
Hugo Black
Scalia, Antonin
Scanlon, Bethany Kennedy
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