The only way to eliminate any government choice on what art is worthwhile, what art isn't worthwhile, is to get the government totally out of the business of funding.
Antonin ScaliaRead
And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that's stupid is not unconstitutional.
Interpretation
What this quote means
The quote suggests that laws can be unreasonable yet still remain constitutional.
Antonin Scalia highlights the distinction between the legality and the sensibility of laws. While some laws may seem foolish or unreasonable, they can still adhere to constitutional standards, indicating that legality does not always equate to wisdom or good judgment in governance.
Themes
LawConstitutionStupidityGovernanceReason
In practice
Example use cases
In a debate about recent legal reforms, one could use this quote to emphasize that legality doesn't guarantee soundness.
More from Antonin Scalia
All quotes →If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.
Antonin ScaliaRead
To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
Antonin ScaliaRead
Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best. Individuals on both sides of the issue passionately, but respectfully, attempted to persuade their fellow citizens to accept their views.
Antonin ScaliaRead
Being a good person begins with being a wise person. Then, when you follow your conscience, will you be headed in the right direction.
Antonin ScaliaRead
If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.
Antonin ScaliaRead
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