Best Alito Quote

The best quote I’ve seen from Judge Alito: “If a strict constructionist is a judge that doesn’t make stuff up, then I’m a strict constructionist.” 

I wonder if the imaginary “right” to abortion in the Constitution would fall under “making stuff up”?



6 thoughts on “Best Alito Quote

  1. According to Powerline (, Teddy “I’ll get help, Mary Jo” Kennedy ranted during the Alito hearings about an article promoting elitism published in the Concerned Alumni of Princeton’s magazine, Prospect, in an attempt to smear Alito. The article is even on Kennedy’s website ( The editor of Prospect at the time has now confirmed that the article, by H. W. Crocker III, now an editor for Regnery Books, was a satire.

    Best quote about Teddy: “How much longer will Massachusetts inflict this oxygen-thief upon us.”

  2. LCMS here, but I don’t go for strict constructionism. At the time the Constitution was written, slavery was legal, most people were not allowed to vote, and people like me were institutionalized.

    I realize many people disagree with the excesses of the left and the 1960’s, but for me, those changes have made a world of difference in my own life and given me protection under the law and increased employment opportunities in a country where over 60% of severely disabled are unemployed and not many less than that live in poverty.

    The government to some extent can make things in our temporal lives better and that’s entirely appropriate to me, and many of those efforts are things that may not have been envisioned by the founders. This doesn’t mean that they’re unconstitional. And as for privacy, well, without arguing or supporting abortion (I’m male), I can’t think of another human being who should have more rights to what happens to my own person than myself. This is not such a crazy idea in a democracy.

    My two cents.

    Although we disagree on this point, thank you for all the great doctrine. You are a beacon of orthodoxy and I appreciate it.

  3. David, thanks for your perspective. While you are right about conditions at the time the Constitution was written, that doesn’t mean that those conditions are written into the Constitution. Even though slaves were owned at that time, the Constitution does not have any “right to own slaves.” Neither does it have a “right to have an abortion.” Also, this is not about having rights to what happens to your own body, but to someone else’s body, i.e., the baby in the womb. No one has “the right” to kill that other person for the sake of convenience, or even to save that child perceived future suffering.


  4. Thank you Tim for your thoughts.

    The discussion of strict constructionism is really a philosophical one that rational minds can disagree on. The founders themselves dealt with the concept of the “living document”, so it appears it’s the court’s to decide.

    I share with you the opinion that a person’s rights go only so far as they harm/kill another.

    But aside from abortion, I can see the compelling argument in favor of allowing a right to privacy where others are not harmed –namely because the government won’t necessarily do a better job making decisions for the individual.

    I also have a feeling that outlawing abortion will not result in starkly reduced abortions. I just have a feeling this will be a heck of a lot more complicated than people think. This is not an argument against, however.

    Times like this and decisions like these make our ever-present sinful nature much more easy to believe!

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