Scalia was foremost an advocate of judicial restraint, who believed that the further the Courts stretched interpreting law, the more vulnerable the Courts become to the animosities of the Executive and Legislative branches. The Judiciary, Scalia understood, was the least powerful and most vulnerable of the three branches of government, and its strength and influence rests in its artful and judicious use of its very, very limited authority. A few Scalia quotes that illustrate this:
>There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
>If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.
>“This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct.
>“Perhaps sensing the dismal failure of its efforts to show that ‘established by the State’ means “established by the State or the Federal Government,’ the Court tries to palm off the pertinent statutory phrase as ‘inartful drafting.’ … This Court, however, has no free-floating power ‘to rescue Congress from its drafting errors.’”