March 17, 2006
Justice Ginsburg Erodes American SovereigntyIt is bad enough that the liberal wing of the Supreme Court is willing to invoke foreign law in its decisions, but it is worse when one of those justices fervently defends the practice (in a speech abroad, no less). Powerline has a good analysis.
The real issue here is: what is the Constitution? Justice Scalia has famously noted that the Constitution is a legal document which, like all legal documents, says some things and does not say others. In Justice Ginsburg's view the Constitution is, on the contrary, a roving charter for nine individuals to decide what "basic fairness" requires. It should hardly be necessary to point out that the former understanding, which was universal until quite recently, is a charter of freedom, inasmuch as the people's representatives can vote on amendments. Conversely, the "basic fairness" approach is a form of tyranny in which a small elite can impose its policy preferences on the rest of us.There is no place whatsoever in American judicial deliberations for foreign law. Republicans should make much more noise about this, as it is certain to be a loser for Democrats to have to defend American judges who defer to foreign laws. After all, if it is a threat to America for foreigners to issue paychecks to American dockworkers, then surely it is a worse threat for American judges to take their cues from foreigners.
Posted by Jonathan R. on March 17, 2006 07:57 AM
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Comments
Justice Ginsburg represents those who would justify the end of the constitution as a legal document & the beginning of it as simply an historic piece of paper.
Many want the law to work for them when convenient, but want it to "flex" if it will inconvenience them.
The real story is that there are numerous federal judgeship appointments that are "still" waiting in the wings. The Roberts & Alito hearings deflected attention from the fact that many of these appointee's have been waiting for confirmation since George Bush first took his oath of office.
We need a huge congressional and public push to get these judges appointed. This will begin the transformation of the American judicial system back to interpretation of the written constitution and not interpretations of law based on "feelings!"
Posted by: S Ralston at March 18, 2006 03:20 PM
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