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 ScaliaRelated topics
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What is a charitable heart? It is a heart which is burning with love for the whole creation, for men, for the birds, for the beasts ... for all creatures. He who has such a heart cannot see or call to mind a creature without his eyes being filled with tears by reason of the immense compassion which seizes his heart; a heart which is softened and can no longer bear to see or learn from others of any suffering, even the smallest pain being inflicted upon a creature. That is why such a man never ceases to pray for the animals ... [He is] ... moved by the infinite pity which reigns in the hearts of those who are becoming united with God.
Isaac the Syrian
So there is no need to amend the Constitution, or to alter the historical understanding of what the Second Amendment meant. No new reasoning or tortured rereading is needed to reconcile the Constitution with common sense. All that is necessary for sanity to rule again, on the question of guns, is to restore the amendment to its commonly understood meaning as it was articulated by this wise Republican judge a scant few years ago. And all you need for that is one saner and, in the true sense, conservative Supreme Court vote. One Presidential election could make that happen.
Adam Gopnik
We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business.
Antonin Scalia
According to the way it is generally used today, the term 'ethics' relates above all to the domain of human rights, 'the rights of man'- or, by derivation, the rights of living beings. We are supposed to assume the existence of a universally recognizable human subject possessing 'rights' that are in some sense natural: the right to live, to avoid abusive, to enjoy 'fundamental' liberties (of opinion, of expression, of democratic choice in the election of governments, etc.) These rights are held to be self-evident, and the result of a wide consensus. 'Ethics' is a matter of busying ourselves with these rights, of making sure that they are respected.
Alain Badiou
The doubts that Mr. Balfour expressed nearly thirty years ago, in an Address delivered in Glasgow, have not, so far, been answered. And it is probable that many people, to whom six years ago the notion of a sudden decline or break-up of our western civilisation, as a result not of cosmic forces but of its own development, would have appeared almost fantastic, will feel much less confident to-day, notwithstanding the fact that the leading nations of the world have instituted a league of peoples for the prevention of war, the measure to which so many high priests of Progress have looked forward as meaning a long stride forward on the road to Utopia.
J. B. Bury