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Justice Scalia Echoes Lord Acton’s Warning on Corrupting Power

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Reading through Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice, I came across this gem: “No government official is ‘tempted’ to place restraints upon his own freedom of action, which is why Lord Acton did not say ‘Power tends to purify.'”

The comments from Justice Scalia emerged from Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). A fuller context to his words gives added meaning to the threat to liberty and the rule of law from activist courts:

The Court’s statement that it is “tempting” to acknowledge the authoritativeness of tradition in order to “cur[b] the discretion of federal judges” is, of course, rhetoric rather than reality; no government official is tempted” to place restraints upon his own freedom of action, which is why Lord Acton did not say “Power tends to purify.” The Court’s temptation is in the quite opposite and more natural direction – towards systematically eliminating checks upon its power; and it succumbs.

Jordan Ballor reminded me of a similar Lord Acton quote: “Everybody likes to get as much power as circumstances allow, and nobody will vote for a self-denying ordinance.”

Ray Nothstine Ray Nothstine is Associate Editor at the Acton Institute, and Managing Editor of Religion & Liberty. In 2005 Ray graduated with a Master of Divinity (M.Div) degree from Asbury Theological Seminary in Wilmore, Ky. He also holds a B.A. in Political Science from The University of Mississippi in Oxford. Before coming to Acton, Ray worked as a free-lance writer for several organizations, including the Institute on Religion and Democracy. He gained ministry experience in churches in Mississippi and Kentucky. After college, he also served on the staff of U.S. Congressman Gene Taylor (D-Miss) in Gulfport in 2001-02. The son of a retired Air Force pilot, Ray has also lived in Okinawa, Philadelphia, New England, Hawaii, and Egypt.

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