Justice Antonin Scalia Quote

“The Declaration of Independence, however, is not a legal prescription conferring powers upon the courts; and the Constitution's refusal to "deny or disparage" other rights is far removed from affirming any one of them, and even farther removed from authorizing judges to identify what they might be, and to enforce the judges' list against laws duly enacted by the people. ”

Justice Antonin Scalia

~ Justice Antonin Scalia
(1936-2016) American jurist, Associate Justice of the Supreme Court of the United States
Justice Scalia dissenting, Troxel v. Granville, 530 U.S. 57, 91-92 (2000)

Constitution , Integrity , Justice , Law , Privacy , Protection

Ratings and Comments

DanielVincentKelleyOnYT, Newport Vermont 9/26/12

Tyrant Scalia... Can't figure out what People's "rights" are... If it can be done without necessarily injuring others, it is a right. According to COMMON LAW, as the constitution guarantees US citizens trial, there are only 2 laws: Do not encroach on any person or their property. AND: Meet your agreements. If you satisfy those 2 legal requisites everything else you might do is your right, as stated in The Declaration of Independence, your RIGHT TO PURSUE HAPPINESS.

Mike, Norwalk 9/26/12

The above word salad is sufficiently cryptic as to induce one into believing that legal positivism has replaced natural law in the de jure representative republic. A string of truth is woven through a quagmire of despotic rhetoric and otherwise untruths to hide the ultimate enslavement of 'We The People'. Man can not create law (law has existed eternally as a 'state of nature') and Scalia's reference to "laws duly enacted" enforces a Police State's tyranny (NDAA, the Patriot Act, etc. for example).

J Carlton, Calgary 9/26/12

Rights are not "granted" by the courts or by the government. Not in a free nation anyway.

jim k, Austin, Tx 9/26/12

"Laws duly enacted" doesn't make them good or right, it just makes them legal.

E Archer, NYC 9/26/12

I think Scalia is agreeing with you guys, not sure why the thumbs down. Maybe just because it is Scalia.

Mike, Norwalk E Archer, NYC 10/14/19

The thumbs down are partly because it is impossible to list all the inherent, inalienable or otherwise rights of man, inclusive of all the situations those rights can be expressed in. The constitution was not to be an exhaustive declaration of rights but rather, a limitation on servant’s jurisdictional boundaries. Scalia's here: “The Declaration of Independence, however, is not a legal prescription conferring powers upon the courts", stands with a thread of accuracy woven through a much broader tapestry of law, justice and job description. Scalia’s misdirection smoke screen is to deflect any possible meaning or application of "the laws of nature and of nature's God" (Declaration of Independence) and what the Declaration actually was. Such Declaration was to declare the how / what / where of tyranny’s so called law, an establishment of individual sovereign status and was not meant to confer powers but rather, limit the Supreme Court's jurisdictional purview. Under the original natural law jurisdictional preference, the people could/can not create law — corporeal man could/can only use certain tools such as codes, ordinances, regulations, rules, statutes to define the natural law that already exists(ed) (therein lies inalienable rights and liberty). Calling such tools “law” was/is the tradition of maleficent politicians and academia to enslave an ignorant chattel. Scalia's word salad only plays to the court's legislative tyranny, enforcing the occupying statist theocracy infesting this land's status as a supreme god (law giver, definer of law — denier of inalienable right and liberty).

Ronw13, Oregon 10/14/19

To infringe upon the Chophshiy, Economic Liberty of the sovereign individuals for the sake of so-called common good strips away the common good's original intent. And thus Freewill association falls by the wayside as socialism's corrupt implementation frames mischief in a law.

Don Lee, Reno 10/14/19

I like it. The DOI was used to break away from the anti Gun nut King III, the Constitution came much later and put the DOI into mothballs until certain Marxists revived after 1847 and they were activists on the SC. Human Rights that came from this violent and obtuse philosophy has no place among judges, only the 10 passed in the Constitution are the ones that are to be defended. Either keep the peace with what we have or bring about violence with what you make up.

Justice Antonin Scalia Quote

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