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Antonin Scalia

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Today's extension of the Edwards prohibition is the latest stage of prophylaxis built upon prophylaxis, producing a veritable fairyland castle of imagined constitutional restriction upon law enforcement.
--
Minnick v. Mississippi, 498 US 146 (1990) (dissenting).

 
Antonin Scalia

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The truth is that prohibitions might have done far less harm as prohibitions, if a vague association had not arisen, on some dark day of human unreason, between prohibition and progress. And it was the progress that did the harm, not the prohibition. Men can enjoy life under considerable limitations, if they can be sure of their limited enjoyments; but under Progressive Puritanism we can never be sure of anything. The curse of it is not limitation; it is unlimited limitation. The evil is not in the restriction; but in the fact that nothing can ever restrict the restriction. The prohibitions are bound to progress point by point; more and more human rights and pleasures must of necessity be taken away; for it is of the nature of this futurism that the latest fad is the faith of the future, and the most fantastic fad inevitably makes the pace. Thus the worst thing in the seventeenth-century aberration was not so much Puritanism as sectarianism. It searched for truth not by synthesis but by subdivision. It not only broke religion into small pieces, but it was bound to choose the smallest piece.

 
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The Orient that appears in Orientalism, then, is a system of representations framed by a whole set of forces that brought the Orient into Western learning, Western consciousness, and later, Western empire.… The Orient is the stage on which the whole East is confined. On this stage will appear the figures whose role it is to represent the larger whole from which they emenate. The Orient then seems to be, not an unlimited extension beyond the familiar European world, but rather a closed field, a theatrical stage affixed to Europe.

 
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The layman's Constitutional view is that what he likes is Constitutional and that which he doesn't like is un-Constitutional. That about measures up the Constitutional acumen of the average person.

 
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