Frases de Antonin Scalia

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Antonin Scalia

Data de nascimento: 11. Março 1936
Data de falecimento: 13. Fevereiro 2016

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Antonin Gregory Scalia foi um juiz associado da Suprema Corte dos Estados Unidos de setembro de 1986 até sua morte em fevereiro de 2016. Era considerado politicamente muito conservador.

Foi casado durante mais de cinquenta anos com Maureen McCarthy. O casal teve nove filhos: Ann Forrest, Eugene, John, Francis, Catherine Elisabeth, Mary Clare, Paul David, Mathew, Cristopher James e Margareth Jane.

Graduou-se na Universidade de Georgetown e na Universidade de Friburgo . Obteve seu doutorado na Faculdade de Direito da Universidade Harvard.

Foi bolsista da Universidade Harvard de 1960 a 1961; exerceu a advocacia em Cleveland, Ohio, de 1961 a 1967; professor de direito da Universidade de Virgínia de 1967 a 1971; professor de direito da Universidade de Chicago e professor visitante das Universidades de Georgetown e Stanford de 1977 a 1982; presidente da Conferência de Presidentes Seção de 1982 a 1983. Ocupou também cargos no governo federal como advogado-geral da Oficina de Política de Telecomunicações de 1971 a 1972; presidente da Conferência Administrativa dos Estados Unidos de 1972 a 1974; subprocurador-geral para a Direção de Assessoria Legal de 1974 a 1977; juiz do Tribunal de Apelações do Distrito de Columbia de 1982 a 1986.

O presidente Ronald Reagan o nomeou juiz associado da Suprema Corte dos Estados Unidos e assumiu o cargo em 26 de setembro de 1986.

Scalia morreu aos 79 anos de idade, a 13 de fevereiro de 2016, num rancho no Texas, onde estava com outros membros de um grupo de caça. A causa da morte ainda é incerta. Seus colegas disseram que na sexta-feira à noite ele foi dormir mas não estava se sentindo bem, e, quando eles acordaram, o encontraram já morto, segundo informações da CNN.[carece de fontes?]

Citações Antonin Scalia

„On Global Warming, in response to Massachusetts Assistant Attorney General James Milkey's correction of Scalia's reference to the stratosphere:“

— Antonin Scalia
Context: On Global Warming, in response to Massachusetts Assistant Attorney General James Milkey's correction of Scalia's reference to the stratosphere: Troposphere, whatever. I told you before I'm not a scientist. That's why I don't want to have to deal with global warming, to tell you the truth. [http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/11/30/MNG2DMM9PV1.DTL&type=printable Massachusetts vs. EPA, 05-1120] (30 November 2006).

„On the point of the Court's Roper decision:“

— Antonin Scalia
Context: On the point of the Court's Roper decision: I watched one television commentary on the case in which the host had one person defending the opinion on the ground that people should not be subjected to capital punishment for crimes they commit when they are younger than eighteen, and the other person attacked the opinion on the ground that a jury should be able to decide that a person, despite the fact he was under eighteen, given the crime, given the person involved, should be subjected to capital punishment. And it struck me how irrelevant it was, how much the point had been missed. The question wasn’t whether the call was right or wrong. The important question was who [i. e., the Courts or Congress] should make the call. [http://www.cfif.org/htdocs/freedomline/current/guest_commentary/scalia-constitutional-speech.htm Speech at Woodrow Wilson Center] (2005).

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„But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.“

— Antonin Scalia
Context: Today's judgment will, to be sure, have the beneficial effect of solving more crimes; then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver's license, or attends a public school. Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection. Dissenting, Maryland v. King, 133 S. Ct. 1958, 1989, 186 L.Ed.2d 1 (2013).

„I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion.“

— Antonin Scalia
Context: Antonin Scalia: It's erected as a war memorial. I assume it is erected in honor of all of the war dead. It's the — the cross is the — is the most common symbol of — of — of the resting place of the dead, and it doesn't seem to me — what would you have them erect? A cross — some conglomerate of a cross, a, and you know, a Moslem half moon and star? Peter Eliasberg: Well, Justice Scalia, if I may go to your first point. The cross is the most common symbol of the resting place of Christians. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew. [Laughter. ] So it is the most common symbol to honor Christians. Antonin Scalia: I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion.

„I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial .“

— Antonin Scalia
Context: The problem here, however, is suggested by the comment I made earlier, that the initial enactment of this legislation in a — in a time when the need for it was so much more abundantly clear was — in the Senate, there — it was double-digits against it. And that was only a 5-year term. Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it. And this last enactment, not a single vote in the Senate against it. And the House is pretty much the same. Now, I don't think that's attributable to the fact that it is so much clearer now that we need this. I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial. Regarding [http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-96.pdf oral arguments], (27 February 2013).

„For the nonbeliever, on the other hand, to deprive a man of his life is to end his existence.“

— Antonin Scalia
Context: It seems to me that the more Christian a country is the less likely it is to regard the death penalty as immoral. Abolition has taken its firmest hold in post-Christian Europe, and has least support in the church-going United States. I attribute that to the fact that, for the believing Christian, death is no big deal. Intentionally killing an innocent person is a big deal: it is a grave sin, which causes one to lose his soul. But losing this life, in exchange for the next? The Christian attitude is reflected in the words Robert Bolt’s play has Thomas More saying to the headsman: 'Friend, be not afraid of your office. You send me to God'. For the nonbeliever, on the other hand, to deprive a man of his life is to end his existence. [http://www.firstthings.com/article/2007/01/gods-justice-and-ours-32 God’s Justice and Ours], 123 First Things 17. (May 2002).

„Bork has essentially given up. I'm not ready to throw in the towel.“

— Antonin Scalia
Asked about philosophical ally Robert Bork's urging that Congress override some Supreme Court rulings: [http://web.archive.org/19990219131611/members.aol.com/schwenkler/scalia/nocontest.htm Speech to the Anti-Defamation League] (May 1997).

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„We are not talking here about a federal law prohibiting the States from regulating bubble-gum advertising, or even the construction of nuclear plants. We are talking about a federal law going to the core of state sovereignty: the power to exclude. […] The Court opinion’s looming specter of inutterable horror—‘[i]f [Section] 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations’—seems to me not so horrible and even less looming. But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws? […] Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. […] Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State.“

— Antonin Scalia
Concurring in part and dissenting in part, Arizona v. United States (2012) : 567 U.S. ___ (2012); decided June 25, 2012.

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„Mere factual innocence is no reason not to carry out a death sentence properly reached.“

— Antonin Scalia
These words, which have been widely attributed to Scalia, do not appear in any of his writings or statements.[http://www.snopes.com/scalia-death-penalty-quote] He nonetheless remarked in Herrera v. Collins (1993, concurring) that state courts had no obligation to review a death sentence on factual innocence grounds, an opinion that he repeated in In re Davis (2009, dissenting).

„Campaign promises are, by long democratic tradition, the least binding form of human commitment.“

— Antonin Scalia
On campaign promises: Republican Party v. White, [http://supct.law.cornell.edu/supct/html/01-521.ZO.html 536 U.S. 765] (2002) (majority opinion).

„I am left to defend the 'dead' Constitution.“

— Antonin Scalia
On a living Constitution: Speech at Marquette University in Milwaukee (13 March 2001).

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