Page:United States Reports 546.pdf/358

 546US1

Unit: $U13

[08-22-08 15:36:16] PAGES PGT: OPIN

Cite as: 546 U. S. 142 (2005)

147

Scalia, J., concurring

Cong., 2d Sess., § 642 (Sept. 15, 2004). “[F]ailed legislative proposals are ‘a particularly dangerous ground on which to rest an interpretation of a prior statute.’ ” United States v. Craft, 535 U. S. 274, 287 (2002) (quoting Pension Beneﬁt Guaranty Corporation v. LTV Corp., 496 U. S. 633, 650 (1990)). In any event, it is unclear what meaning we could read into this effort even if we were inclined to do so, as the failed amendment—which was not limited to offsets against Social Security beneﬁts—would have had a different effect than the interpretation we advance today. Therefore, we afﬁrm the judgment of the Ninth Circuit. It is so ordered. Justice Scalia, concurring. I agree with the Court that, even if the express-reference requirement in § 207(b) of the Social Security Act is binding, it has been met here; and I join the opinion of the Court because it does not imply that the requirement is binding. I would go further, however, and say that it is not. “[O]ne legislature,” Chief Justice Marshall wrote, “cannot abridge the powers of a succeeding legislature.” Fletcher v. Peck, 6 Cranch 87, 135 (1810). “The correctness of this principle, so far as respects general legislation,” he asserted, “can never be controverted.” Ibid. See also Marbury v. Madison, 1 Cranch 137, 177 (1803) (unlike the Constitution, a legislative Act is “alterable when the legislature shall please to alter it”); 1 W. Blackstone, Commentaries on the Laws of England 90 (1765) (“Acts of parliament deroga­ tory from the power of subsequent parliaments bind not”); T. Cooley, Constitutional Limitations 125–126 (1868) (reprint 1987). Our cases have uniformly endorsed this principle. See, e. g., United States v. Winstar Corp., 518 U. S. 839, 872 (1996) (plurality opinion); Reichelderfer v. Quinn, 287 U. S. 315, 318 (1932) (“[T]he will of a particular Congress . . . does not impose itself upon those to follow in succeeding years”); Manigault v. Springs, 199 U. S. 473, 487 (1905); Newton v.