"If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless"
About this Quote
The subtext is less about lawyers than about legitimacy. Scalia is arguing that a Constitution that can be continually "drawn out" of judges is not a constraint on politics; it's a ventriloquist's dummy. His jab at "good lawyers" is strategic: legal skill, in his view, is supposed to tether judges to text, history, and limiting principles. If the job becomes moral improvisation, the selection criteria shifts from competence to tribal alignment, and the Court becomes another elected branch without elections.
Context matters: this is classic late-20th-century conservative jurisprudence, forged in reaction to the Warren Court and the idea of a "living Constitution". Scalia frames interpretive creativity not as compassion but as a mechanism for turning contested social outcomes into judicial fait accompli. "Rendered the Constitution useless" is the closing threat: not that the document disappears, but that it becomes infinitely pliable - and therefore incapable of saying "no" to anyone with enough votes on the bench.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite | Cite this Quote |
Citation Formats
APA Style (7th ed.)
Scalia, Antonin. (n.d.). If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless. FixQuotes. https://fixquotes.com/quotes/if-were-picking-people-to-draw-out-of-their-own-97795/
Chicago Style
Scalia, Antonin. "If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless." FixQuotes. Accessed February 3, 2026. https://fixquotes.com/quotes/if-were-picking-people-to-draw-out-of-their-own-97795/.
MLA Style (9th ed.)
"If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless." FixQuotes, https://fixquotes.com/quotes/if-were-picking-people-to-draw-out-of-their-own-97795/. Accessed 3 Feb. 2026.






