Justice Ginsburg Backs Value of Foreign Law

NY Times ^ | April 2, 2005 | ANNE E. KORNBLUT

[cbkaty]

Can anyone point to any United States legislation that gives her or the court this authority?

[maxter]

Question is, does Condi agree with this?

[Savage Beast]

"the United States system should, if anything, consider international law more often."

Of course! And not merely the judicial branch of government!

The United States system should also consider the wishes of the international community by letting everyone in the world have a vote in U.S. elections--federal, state, local, et al.

And furthermore! The executive branch! Why should we not take advantage of such international luminaries as...say...Kofi Annan or Osama bin Laden or Jacques Chirac or Kim Jon-Il and allow the people of the world to elect them to the U.S. presidency?

(You know. The more you hear from Leftist morons like Ginsberg the more you shake your head and wonder how the human race has managed as well as it has.)

Hey! Here's a good idea, Ruth! Let's let the United Nations interpret the Constitution for us!

What am I saying? This nitwit will think it's a great idea!

[RedEyeJack]

Making laws is the duty of the Congress. They are the only ones who have to consider foreign opinion. They of course are answerable to THE PEOPLE so if THE PEOPLE want to follow a foreign lead then so will Congress. For judges to interpret laws any way other than as they are written by representatives of THE PEOPLE is UNCONSTITUTIONAL. If judges don't follow the Constitution THE PEOPLE have recourse through the Congress to remove them via the impeachment process. Correct me if I am wrong... I think this is 9th grade Civics.

The problem is that these judges are "making" laws that 40% of THE PEOPLE and most of the press agree with, and, since this 40% can't assert their will any other way, they support, and will continue to support, the Kritocracy now in place. Which is, in a nut shell, why the Democrats in the Senate are opposing Bush nominees on an ideological rather than a qualification (experience and morals) basis.

I feel much better now!

[Pharmboy]

That's precisely what bothers me. If Condi is or is becoming an Internationalista then count me out on her for Veep in '08 (and we all know she can't win w/o me).

[Pharmboy]

Hmmm...very innaresting. I thought Perot had problems with them thar Jews. But, I guess not as tax lawyers.

[Non-Sequitur]

Justice Scalia lambasted that logic, saying that "like-minded foreigners" should not be given a role in helping interpret the Constitution.

I couldn't begin to estimate the number of Supreme Court decisions which included quotes from the writings of Sir William Blackstone in their decisions. I suppose Justice Scalia would be ripping apart Chief Justice Marshall for that as well.

[SouthCarolinaKit]

I WANT MY CONSTITUTION BACK! Without it we've got nothing by tyranny by the judiciary. Their being limited by the Constitution is required for any balance of powers; ohterwise, they can decide anything and are defined as dectators. Any judge, on any level, who makes a decision based on Anything except our Constituion is violating our law and MUST BE IMPEACHED!!

[cgbg]

Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.

Governors and Presidents of the United States are free to enforce or not enforce any court decisions of their state or federal judiciary.

Would you like to play a game?

How about global thermonuclear war?

(This references an old movie about a boy hacking into the Pentagon's computer--in my view these justices have "hacked" into the Constitution and are playing with fire.)

[Pharmboy]

Well, at least he was English, and that is the Mother Country, after all.

[First_Salute]

She should be impeached, for abuse of powers; the highest crime a judge can commit, is to operate outside the authority of the Constitution, and she has confessed to doing just that.; all federal agents, and that includes all federal judges, have only the powers authorized to them, and that does not include such consultations of foreign commentaries as she has described. Not to mention, that she is operating in violation of her oath.

[Non-Sequitur]

Well, at least he was English, and that is the Mother Country, after all.

And in the Roper v Simmons decision, the court referenced the "Brief for Human Rights Committee of the Bar of England and Wales" so it's OK, right? Being from the Mother Country and all?

[cardinal4]

After a strongly worded dissent in a juvenile death penalty case from Justice Antonin Scalia last month that accused the court of putting too much faith in international opinion, Justice Ginsberg said the United States system should, if anything, consider international law more often.

She must be removed..

[Quix]

Isn't there a very pointed FOREIGN obolisque somewhere that we could perch her putootie on with some cray glue somewhere as a particularly patriotic performance?

[tet68]

"The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification," Justice Ginsburg said.

No constructionist she.
We knew this of course, but it's always good to get it
from the horse's mouth.

[Pharmboy]

Well, actually, I was being a wise *ss. I know nothing about the history of bringing in foreign law and interpretation to US judicial decisions, and it's not OK...it's just that England is less foreign than other countries (special relationship and all that).

And, there's plenty of awful decisions made by the Supremes and lower courts without the help of ex-US courts. There are many issues upon which we must take back the courts and the country.

[Mannaggia l'America]

The Oath of Office for a Supreme Court Justice:

"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."

She should be impeached.

[Al Gator]

I think there is more to what you say than anyone knows.

The Klintonistas were the most incestuous band of hoodlums ever to cross the political stage. And Ginsberg is just one of them.

[Jim Noble]

the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification

A view, of course, which is held by no one.

Typical straw man.

The Constitution provides for its own amendment.

[Thebaddog]

There was a C-span show on this last week with the head of the DC court of appeals also named Ginsberg. He was stating quite clearly that there is no body of International Law to consult with any clarity. It's only the prevailing sentiment of the international community as divined be the person hoping to find a rationale for their position. It was quite a show.