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Justice Breyer: U. S. Constitution should be subordinated to international will
WorldNetDaily ^ | July 7, 2003

Posted on 07/07/2003 7:00:07 AM PDT by mrobison

LAW OF THE LAND

Justice: Can Constitution make it in global age?

On TV, Breyer wonders whether it will 'fit into governing documents of other nations'

Posted: July 7, 2003 1:00 a.m. Eastern

© 2003 WorldNetDaily.com

In a rare appearance on a television news show, Supreme Court Justice Stephen G. Breyer questioned whether the U.S. Constitution, the oldest governing document in use in the world today, will continue to be relevant in an age of globalism.

Speaking with ABC News' "This Week" host George Stephanopoulos and his colleague Justice Sandra Day O'Connor, Breyer took issue with Justice Antonin Scalia, who, in a dissent in last month's Texas sodomy ruling, contended the views of foreign jurists are irrelevant under the U.S. Constitution.

Breyer had held that a ruling by the European Court of Human Rights that homosexuals had a fundamental right to privacy in their sexual behavior showed that the Supreme Court's earlier decision to the contrary was unfounded in the Western tradition.

"We see all the time, Justice O'Connor and I, and the others, how the world really – it's trite but it's true – is growing together," Breyer said. "Through commerce, through globalization, through the spread of democratic institutions, through immigration to America, it's becoming more and more one world of many different kinds of people. And how they're going to live together across the world will be the challenge, and whether our Constitution and how it fits into the governing documents of other nations, I think will be a challenge for the next generations."

In the Lawrence v Texas case decided June 26, Justice Anthony Kennedy gave as a reason for overturning a Supreme Court ruling of 17 years earlier upholding sodomy laws that it was devoid of any reliance on the views of a "wider civilization."

Scalia answered in his dissent: "The court's discussion of these foreign views (ignoring, of course, the many countries that have retained criminal prohibitions on sodomy) is ... meaningless dicta. Dangerous dicta, however, since this court ... should not impose foreign moods, fads, or fashions on Americans," he said quoting the 2002 Foster v. Florida case.

Scalia's scathing critique of the 6-3 sodomy ruling was unusual in its bluntness.

"Today's opinion is the product of a court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct," he wrote. Later he concluded: "This court has taken sides in the culture war."

Both O'Connor and Breyer sought to downplay antipathy between the justices – no matter how contentious matters before the court become. O'Connor said justices don't take harsh criticisms personally.

"When you work in a small group of that size, you have to get along, and so you're not going to let some harsh language, some dissenting opinion, affect a personal relationship," she said. "You can't do that."

Breyer agreed.

"So if I'm really put out by something, I can go to the person who wrote it and say, 'Look, I think you've gone too far here.'"

O'Connor, too, seemed to suggest in the ABC interview that the Constitution was far from the final word in governing America. Asked if there might come a day when it would no longer be the last word on the law, she said: "Well, you always have the power of entering into treaties with other nations which also become part of the law of the land, but I can't see the day when we won't have a constitution in our nation."

Asked to explain what he meant when he said judges who favor a very strict literal interpretation of the Constitution can't justify their practices by claiming that's what the framers wanted, Breyer responded: "I meant that the extent to which the Constitution is flexible is a function of what provisions you're talking about. When you look at the word 'two' for two representatives from every state in the United States Senate, two means two. But when you look like a word – look at a word like 'interstate commerce,' which they didn't have automobiles in mind, or they didn't have airplanes in mind, or telephones, or the Internet, or you look at a word like 'liberty,' and they didn't have in mind at that time the problems of privacy brought about, for example, by the Internet and computers. You realize that the framers intended those words to maintain constant values, but values that would change in their application as society changed."

In an unrelated matter, O'Connor indicated on "This Week" that she would likely serve out the next term on the court, dismssing speculation that she was about to retire.

The current court is split between Chief Justice William Rehnquist, Clarence Thomas and Scalia, who tend to hold the traditional constitutionalist approach to rulings, and the majority of O'Connor, Breyer, Kennedy, Ruth Bader Ginzburg, David H. Souter and John Paul Stevens, who tend to believe in the concept of a "living Constitution" subject to changes in public opinion and interpretation.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: breyer; constitution; constitutionlist; culturewar; globalism; globaloney; impeach; nwo; oconnor; scalia; scotus; scotuslist; sovereigntylist; stephenbreyer; stephengbreyer; traitorlist; transjudicialism; unfit; usconstitution
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Retire already!
1 posted on 07/07/2003 7:00:07 AM PDT by mrobison
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To: mrobison
If Breyer really thinks it should soccumb to international will, Breyer should be impeached post haste.

Incredible.
2 posted on 07/07/2003 7:01:48 AM PDT by smith288 (We are but a moon, reflecting the light of the Son.)
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To: mrobison; .45MAN
Scalia: Dangerous dicta, however, since this court ... should not impose foreign moods, fads, or fashions on Americans," he said quoting the 2002 Foster v. Florida case.

What part of that doesn't Breyer understand?

Sheesh.

.45MAN PING

3 posted on 07/07/2003 7:02:57 AM PDT by dansangel (America - love it, support it or LEAVE it!)
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To: mrobison
That this man sits on this court and can speak this way is a travesty.
4 posted on 07/07/2003 7:03:17 AM PDT by rep-always
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To: mrobison
This is truly incredible. I am at a loss for words.
5 posted on 07/07/2003 7:04:45 AM PDT by rintense
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To: mrobison
Can justices be removed from the bench? If any of them feel that the constitution should be subordinate to world opinion then they need to be removed immedialtely and tried for treason.
6 posted on 07/07/2003 7:04:47 AM PDT by Bikers4Bush
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To: mrobison
So, in accordance with Breyer's allegience to international concensus, if the World Court decides that there is no right to dissent from liberal orhtodoxy, the first amendment too might be squelched. We know they already have designs on the second amendment. Breyer is an infected sore on the American judiciary.
7 posted on 07/07/2003 7:05:10 AM PDT by Sgt_Schultze
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To: mrobison
Impeachment (if that's okay with the Europeans).
8 posted on 07/07/2003 7:06:01 AM PDT by Cultural Jihad
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To: mrobison
Any Supreme Court judge who thinks that way needs to go! This is still the United States of America. I'm not interested in being part of any "global" b.s.
9 posted on 07/07/2003 7:06:23 AM PDT by Spottys Spurs
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To: mrobison
He should be impeached.
10 posted on 07/07/2003 7:06:42 AM PDT by B Knotts
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To: mrobison
I'd hate to look into this a$$hole's mind and see what he really thinks if he's willing to make such an absurd statement on national television.

He's admitting that he operates illegally and in violation of his oath of office. Notice how he makes Sandra Day his little buddy. Very scary.
11 posted on 07/07/2003 7:07:11 AM PDT by AAABEST
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To: mrobison
It amazes me that idiots like Breyer and O'Connor can actually get nominated to the lands highest court.
12 posted on 07/07/2003 7:07:34 AM PDT by 1Old Pro (The Dems are self-destructing before our eyes, How Great is That !)
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To: mrobison; Torie; AntiGuv; mrsmith; Jhoffa_
"We see all the time, Justice O'Connor and I, and the others, how the world really – it's trite but it's true – is growing together," Breyer said. "Through commerce, through globalization, through the spread of democratic institutions, through immigration to America, it's becoming more and more one world of many different kinds of people. And how they're going to live together across the world will be the challenge, and whether our Constitution and how it fits into the governing documents of other nations, I think will be a challenge for the next generations

Antiguv, you were saying that the majority in Kennedy was only replying to Burger vis a vis the Europeans.

Think again. This guy should be tarred and feathered, forget impeachment.

He is stating quite clearly that the US Constitution, in his view, will simply become a refernce in a world of more elite references. Cripes.

13 posted on 07/07/2003 7:07:48 AM PDT by jwalsh07
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To: mrobison
"We see all the time, Justice O'Connor and I, and the others, how the world really – it's trite but it's true – is growing together," Breyer said.

Bryer would like to buy the World a Coke, and Sprinkle it with Love.

He will be happy when the Anti-Christ is in charge (for awhile anyway). Too bad his guy eventually loses to God.

14 posted on 07/07/2003 7:09:22 AM PDT by SkyPilot
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To: B Knotts
And jailed.
15 posted on 07/07/2003 7:09:37 AM PDT by Bars4Bill
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Comment #16 Removed by Moderator

To: AAABEST
"He's admitting that he operates illegally and in violation of his oath of office. Notice how he makes Sandra Day his little buddy. Very scary."

Jeeze . . .talk about litmus tests. No justices who won't uphold the Constitution!
17 posted on 07/07/2003 7:10:15 AM PDT by Lee'sGhost (Crom!)
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To: Torie
This isn't red meat, it's turning my eyeballs red with rage. The more I think about it, the more pissed off I get.
18 posted on 07/07/2003 7:10:20 AM PDT by jwalsh07
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To: mrobison
Further proof that at least two justices on the SCOTUS should be impeached immediately. They have both publicly admitted that the Constitution is irrelevant - even though they are sworn to uphold that very same document.

Of course, their view of eh Constitution just strengthens their position of power. If the Constitution is so "flexible" as Sandra Day-O has indicated, then the specific authority placed in the SCOTUS is also flexible - thus allowing them to create law, not just interpret.

If something doesn't give soon, I am afraid the USA as we know it is done for - it's leftist ideas like those expressed by these two that are going to bring us down.
19 posted on 07/07/2003 7:11:33 AM PDT by TheBattman
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Comment #20 Removed by Moderator


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