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.”
