People can choose whatever faith they prefer as long as they don't try to impose it on others and believe that any one else is heretic.
Scalia is an "originalist", a code word for someone who would prefer not abiding by the amendments to the Constitution and the Bill of Rights.
God’s Justice and OursAs Antonin Scalia, Associate Justice of the Supreme Court explained a few months later, the Bible teaches and Christians believe "... that government …derives its moral authority from God. Government is the 'minister of God' with powers to 'revenge,' to 'execute wrath,' including even wrath by the sword..." (From
http://www.firstthings.com/ftissues/ft0205/articles/scalia.htmlBefore proceeding to discuss the morality of capital punishment, I want to make clear that my views on the subject have nothing to do with how I vote in capital cases that come before the Supreme Court. That statement would not be true if I subscribed to the conventional fallacy that the Constitution is a “living document”—that is, a text that means from age to age whatever the society (or perhaps the Court) thinks it ought to mean.
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It is a matter of great consequence to me, therefore, whether the death penalty is morally acceptable. As a Roman Catholic—and being unable to jump out of my skin — I cannot discuss that issue without reference to Christian tradition and the Church’s Magisterium.
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It will come as no surprise from what I have said that I do not agree with the encyclical Evangelium Vitae and the new Catholic catechism (or the very latest version of the new Catholic catechism), according to which the death penalty can only be imposed to protect rather than avenge, and that since it is (in most modern societies) not necessary for the former purpose, it is wrong. That, by the way, is how I read those documents—and not, as Avery Cardinal Dulles would read them, simply as an affirmation of two millennia of Christian teaching that retribution is a proper purpose (indeed, the principal purpose) of criminal punishment, but merely adding the “prudential judgment” that in modern circumstances condign retribution “rarely if ever” justifies death. (See “Catholicism & Capital Punishment,” FT, April 2001.) I cannot square that interpretation with the following passage from the encyclical:
It is clear that, for these
to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today, however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically nonexistent. (Emphases deleted and added.)
You should read this, it will blow your mind.
The Despoiling of America
How George W. Bush became the head of the new American Dominionist Church/State
http://www.yuricareport.com/Dominionism/TheDespoilingOfAmerica.htm