"Why can't the state accede to the public's wishes?"
About this Quote
The specific intent is to force a confrontation between majoritarian politics and constitutional restraint. If the public wishes for something, why shouldn’t government comply? Because, in Scalia’s worldview, “the state” is not a wish-fulfillment machine; it is an actor bound by text, structure, and enumerated powers. The question pressures listeners to admit whether they want judges to be agents of popular will or guardians of a framework that can thwart it.
The subtext is a critique of judicial attitudes that smuggle policy outcomes into constitutional interpretation. Scalia is implicitly mocking the idea that legality should track opinion polls, or that courts should “update” rights and powers to match contemporary preferences. His skepticism is aimed both at legislatures tempted by populist shortcuts and at judges tempted to sanctify them with flexible readings.
Context matters: Scalia’s jurisprudence (originalism, textualism) was forged during decades when courts were accused, depending on the audience, of either blocking democratic reforms or inventing new rights. That tension animates the question. It’s not asking for permission to indulge the public. It’s asking whether the Constitution exists to restrain the state precisely when acceding would be easiest.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Scalia, Antonin. (2026, January 16). Why can't the state accede to the public's wishes? FixQuotes. https://fixquotes.com/quotes/why-cant-the-state-accede-to-the-publics-wishes-97797/
Chicago Style
Scalia, Antonin. "Why can't the state accede to the public's wishes?" FixQuotes. January 16, 2026. https://fixquotes.com/quotes/why-cant-the-state-accede-to-the-publics-wishes-97797/.
MLA Style (9th ed.)
"Why can't the state accede to the public's wishes?" FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/why-cant-the-state-accede-to-the-publics-wishes-97797/. Accessed 22 Feb. 2026.

