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Ginsburg: Int'l law shaped court rulings
AP | 8/03/03 | GINA HOLLAND

Posted on 08/03/2003 7:04:18 AM PDT by kattracks

WASHINGTON (AP) — The Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, Justice Ruth Bader Ginsburg said Saturday.

The justices referred to the findings of foreign courts this summer in their own ruling that states may not punish gay couples for having sex.

And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally.

"Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers group holding its first convention.

Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.

Ginsburg cited an international treaty in her vote in June to uphold the use of race in college admissions.

The shift has angered some conservatives. Justice Antonin Scalia, in the gay sex case, wrote with two colleagues that the court should not "impose foreign moods, fads, or fashions on Americans."

David Rivkin Jr., a conservative Washington attorney, said foreign trends can be helpful to legislators in setting policy, but not to judges in interpreting the U.S. Constitution.

Last month, Ginsburg and Justices Sandra Day O'Connor and Stephen Breyer discussed the death penalty and terrorism with French President Jacques Chirac during a European tour. France outlawed the death penalty in 1981. Ginsburg was one of five justices who attended a conference on the European constitution.

Ginsburg said Saturday that the Internet is making decisions of courts in other countries more readily available in America, and they should not be ignored.

"While you are the American Constitution Society, your perspective on constitutional law should encompass the world," she told the group of judges, lawyers and students. "We are the losers if we do not both share our experiences with and learn from others."

___

On the Net:

Supreme Court: http://www.supremecourtus.gov/



TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; News/Current Events
KEYWORDS: deathpenalty; globalism; lawrencevtexas; ruthbaderginsburg; scotus; transjudicialism
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1 posted on 08/03/2003 7:04:19 AM PDT by kattracks
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To: kattracks
Self-government? What's that?
2 posted on 08/03/2003 7:06:27 AM PDT by The Hon. Galahad Threepwood
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To: kattracks
Our island or lone ranger mentality is beginning to change

We're sorry our own Constitution isn't good enough for you, lady.

3 posted on 08/03/2003 7:07:14 AM PDT by solzhenitsyn ("Live Not By Lies")
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To: kattracks
Wouldn't it be more appropriate for them to look to the US Constitution, or that too quaint a concept for Justice Ginsberg? There is something annoying about her...
4 posted on 08/03/2003 7:08:26 AM PDT by veronica (http://www.petitiononline.com/KN50711/petition.html - Confirm Daniel Pipes to USIP ......sign this!)
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To: kattracks
She's an embarrassment to the legal profession, as if we can't do a good enough job of embarrasing ourselves without interferences from Supreme Court Justices . . .
5 posted on 08/03/2003 7:08:34 AM PDT by LanPB01
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To: kattracks
So basically she is admitting that, like SCOFFLAW, she made law rather than interpret it.
6 posted on 08/03/2003 7:09:29 AM PDT by HennepinPrisoner
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To: kattracks

Supreme Court Justice Ruth Bader Ginsburg speaks at the American Constitution Society's first national convention in Washington on Saturday August 2, 2003.

She looks possesed.

7 posted on 08/03/2003 7:11:18 AM PDT by facedown (Armed in the Heartland)
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To: facedown
She's a card-carrying liberal, right out of Central Casting.
8 posted on 08/03/2003 7:14:12 AM PDT by veronica (http://www.petitiononline.com/KN50711/petition.html - Confirm Daniel Pipes to USIP ......sign this!)
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To: solzhenitsyn
That is the problem with America. We have gotten away from the things that made us what we are.How has this country stood for so long? These principles we are now abandoning will lead us to destruction. Americas days of greatness are fast coming to an end. Between liberals and lawyers America is now doomed if we dont have one heck of an awakening.
9 posted on 08/03/2003 7:16:53 AM PDT by gunnedah
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To: veronica
This is scary. Will Cuba help write our next Supreme Court decision ?
10 posted on 08/03/2003 7:17:12 AM PDT by Eric in the Ozarks
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To: kattracks
Fools on the court like Justice Ruth Bader Ginsburg are why the Republican Senate leadership must break the judicial filibusters.
11 posted on 08/03/2003 7:19:35 AM PDT by RicocheT
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To: kattracks
Get a rope.
12 posted on 08/03/2003 7:19:48 AM PDT by the gillman@blacklagoon.com
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To: Eric in the Ozarks
This is scary.

Not as scary as what would happpen to the Supreme Court of Hillary! became President and had the chance to pack the court with like-minded sorts. Horrifying...

13 posted on 08/03/2003 7:20:18 AM PDT by veronica (http://www.petitiononline.com/KN50711/petition.html - Confirm Daniel Pipes to USIP ......sign this!)
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To: facedown
Both she and Nancy Pelosi look like the undead to me.
14 posted on 08/03/2003 7:21:42 AM PDT by LibKill (The sacred word, TANSTAAFL.)
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To: kattracks
And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally.

If someone is smart enough to kill, they are smart enough to die.

"Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers group holding its first convention.

This makes me completely enraged. Who the f**k does she think she is? Why the &@^$& should our country effing kowtow to the kooks and socialists and enemies in other countries to determine OUR constitution? Can someone please get the hook and get rid of this toad? I wish the Republicans in the gov't would stiffen their spines and quite worrying about polls and numbers. Just stand up for principle! Can't justices who say crap like this be impeached? Thrown out?

15 posted on 08/03/2003 7:23:49 AM PDT by First Amendment
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To: LibKill
Both she and Nancy Pelosi look like the undead to me.

Utterly demonic.

16 posted on 08/03/2003 7:32:28 AM PDT by facedown (Armed in the Heartland)
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To: facedown
She was interviewed on TV years ago. She can't put a cohesive sentence together. She came off as a complete airhead.
17 posted on 08/03/2003 7:41:18 AM PDT by ladylib
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To: kattracks
Has anyone every asked this "Global Visionary" why, if she is so much in favor of other countries reviewing court decisions to alter law into a global interpretation, France has not reviewed our Capital Punishment law and adopted the death penalty? Why is it always a one way street? But if that is the way she wants it why does she never sight these examples:

Islamic law and it's interpretation of Abortion and Homosexuality?
18 posted on 08/03/2003 7:46:10 AM PDT by amexmike
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To: kattracks
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.

The Founders of this nation must be spinning in their graves.
19 posted on 08/03/2003 7:46:49 AM PDT by MamaLucci
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To: pram
Can't justices who say crap like this be impeached?

Well yes, but it won't happen. The only standard is 'good behavior', and it's up to Congress to determine what that is. Since they also ignore the Constitution, their definition is far different from ours. And that's why it won't happen(not to mention that Congress is full of cowards).

20 posted on 08/03/2003 7:46:51 AM PDT by StriperSniper (Make South Korea an island)
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To: pram
"This makes me completely enraged."

Me too. The duty of a Supreme Court Justice is to interpret the Constitution, not check in with Canada and France to see what they do. I listened to the SCOTUS debate on the Michigan case on CSPAN and it was striking as Ginsburg repeatedly asked questions like "What does Canada do when XYZ" and "What do the Europeans do when ABC".

This is the one place Liberals are ahead of Conservatives as far as smarts. Lib's understand they can do anything they want if they have the courts, even when the Pubs hold every other branch of government. We haven't really taken that lesson to heart yet I think. That's why our judges sit being filibustered because they have "deeply held" Christian views and hardly anyone says anything.

This is dangerous for our Country leaving aside what side of the political fence you are on. It is a very bad thing when judges rule by fiat. If a court can rule that Racial Preferences are a good thing despite the plain language of the Constitution they can just as easily rule we can't post on a forum like this despite the First Amendment. After all our First Amendment is also pretty unusual in this world.

We have all three branches of government but the liberal agenda on Race, Gays, etc, marches on unchecked. Enraged is a good way to put it.
21 posted on 08/03/2003 7:47:43 AM PDT by Athelas
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To: facedown

22 posted on 08/03/2003 7:51:08 AM PDT by Atlas Sneezed
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To: the gillman@blacklagoon.com
bump
23 posted on 08/03/2003 7:53:11 AM PDT by Centurion2000 (We are crushing our enemies, seeing him driven before us and hearing the lamentations of the liberal)
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To: kattracks
Remember the Libertarians? The so-called defenders of the "true" Constitution heiled this ruling that required use of foreign laws and precedent to trump the Constitution. It really demonstrates just how much they care and know about the Constitution.
24 posted on 08/03/2003 8:02:16 AM PDT by Republican Wildcat (Help us elect Republicans in Kentucky! Click on my name for links to all the 2003 candidates!)
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To: solzhenitsyn
I think that impeachment should be considered. This is an obvious violation of her oath of office. She is allowing foreign influence to interfere in her duties.
25 posted on 08/03/2003 8:05:57 AM PDT by Republican Wildcat (Help us elect Republicans in Kentucky! Click on my name for links to all the 2003 candidates!)
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To: kattracks
This article is proof positive that this woman, while highly educated, is willing to impose her global philosophy on the US, and the Constitution be damned.

She isn't fit to shine the shoes of one of the founding fathers, and yet she is empowered to detroy their visionary philosophy and hard fought gains.

She'd better hope she never pushes any 'lone ranger' buttons better left untouched. Her mentatlity and subsequent rulings (along with the rest of her 'large' minded brethren) could be the catalyst for a second revolt; one in which the Supreme court is not viewed as very Supreme.

26 posted on 08/03/2003 8:06:28 AM PDT by AlbionGirl (A kite flies highest against the wind, not with it. - Winston Churchill)
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To: Mrs Zip; BOBWADE
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.

Wow, am I dumb. I thought it was the Supreme Court of the United States not of the world. This is the major problem with SCOUS that has surfaced recently. They don't even try to mask their one world bias, it's "in your face" rulings being handed down now.

Hey Senate Republicans, how about a little moral courage and force the dims to "really" filibuster the judicial nominees. Stop letting them run the show.

27 posted on 08/03/2003 8:12:37 AM PDT by zip
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To: kattracks
she told the group of judges, lawyers and students. "We are the losers..."

That about sums it up.

28 posted on 08/03/2003 8:14:06 AM PDT by 11th Earl of Mar
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To: kattracks
This is un-frickin'-believable.

kattracks, you're probably up on this stuff. Can you give me a short and sweet version of how Supreme Court Justices are replaced? They have to be impeached, right?

Sorry, I'm old and dumb and it's been a long time since I took Constitutional studies.

29 posted on 08/03/2003 8:17:52 AM PDT by geedee (Part of the secret of a success in life is to eat what you like and let the food fight it out inside)
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To: pram
This makes me completely enraged. Who the f**k does she think she is? Why the &@^$& should our country effing kowtow to the kooks and socialists and enemies in other countries to determine OUR constitution? Can someone please get the hook and get rid of this toad?

My sentiments exactly. Well said.

30 posted on 08/03/2003 8:19:29 AM PDT by geedee (Part of the secret of a success in life is to eat what you like and let the food fight it out inside)
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To: kattracks
This is the US CONSTITUTION.

Judges like GINSBURG that do not follow that should be IMPEACHED for ABUSE OF POWER.

31 posted on 08/03/2003 8:22:09 AM PDT by Dan from Michigan ("This ain't no place for a nervous person." - Mickey Redmond)
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To: Athelas
This is dangerous for our Country leaving aside what side of the political fence you are on. It is a very bad thing when judges rule by fiat. If a court can rule that Racial Preferences are a good thing despite the plain language of the Constitution they can just as easily rule we can't post on a forum like this despite the First Amendment. After all our First Amendment is also pretty unusual in this world.

Yikes! A FReeper who can actual write so a moron like me can understand.

I agree by the way and I want to wish you a belated "Welcome Aboard." We need a gazillion more FReepers with the clarity of thought you have and so eloquently state.

32 posted on 08/03/2003 8:23:12 AM PDT by geedee (Part of the secret of a success in life is to eat what you like and let the food fight it out inside)
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To: kattracks
I would like to apologize to my fellow Freepers on behalf of my fellow Brooklynite, fellow Cornellian, and co-religionist.

She must be suffering from Alzheimer's.

She is literally, flatly, insane.

33 posted on 08/03/2003 8:25:48 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: kattracks
I guess I am in an abyss of my own creation! I have been operating under the belief that Justices were supposed to interpert OUR United States Constitution NOT International law. I would advocate the IMPEACHMENT of any Justice/Judge that would take such a position as this. However, here in the abyss, of my own creation, known as wonderland, I must be mistaken.
34 posted on 08/03/2003 8:27:58 AM PDT by PISANO
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To: tpaine
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.

This is your sweetheart Ruthie talking, tpaine--your unelected superlegislator-for-life savior from "statist" government.

Come pay homage to her openly if you dare.

35 posted on 08/03/2003 8:30:09 AM PDT by Kevin Curry (Put Justice Janice Rogers Brown on the Supreme Court--NOW)
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To: kattracks
***Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.***

Excuse me, but didn't Ginsberg just admit that she is no longer defending the constitution of the U.S.A.? And since she took an oath to defend it, shouldn't she be run out of town as a turncoat, a traitor, Benedict Arnold?

Benedict Arnold Ginsberg?
36 posted on 08/03/2003 8:33:39 AM PDT by kitkat
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To: Republican Wildcat; tpaine
Remember the Libertarians? The so-called defenders of the "true" Constitution heiled this ruling . . .

"[H]eiled this ruling." LOL. Very good.

37 posted on 08/03/2003 8:35:14 AM PDT by Kevin Curry (Put Justice Janice Rogers Brown on the Supreme Court--NOW)
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To: solzhenitsyn
No kidding, the rest of the world isn't as successful as us, but this #$%&^%# *&^#$ decides to run her part of the court like a one world government.
38 posted on 08/03/2003 8:36:21 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: facedown
Everytime I see this woman..I'm reminded of the movie "Tootsie"....

Makes me think too much...if you get my drift.

Fwiw-

39 posted on 08/03/2003 8:40:41 AM PDT by Osage Orange (Bill Clinton, the pervert between the two bushes.)
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To: kattracks
The goal of the ACS (the name itself a fraud) is to protect the established law which reflects the liberal agenda...and then to influence curent and future law makers and judges.

There's nothing resembling the Constitution in the make up of the "American Constitutional Society." It's a fraud on the American people, and our Constitution. A more proper name which reflects the true goals of the ACS would be "How a Society of liberals misinterpret the Constitution."


40 posted on 08/03/2003 8:42:58 AM PDT by takenoprisoner (stand for freedom or get the helloutta the way)
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To: Beelzebubba
Maybe Ginsburg needs a walnetto.
41 posted on 08/03/2003 8:45:08 AM PDT by P.O.E.
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To: kattracks
A lot of countries torture and kill judges who don't make decisions acceptable to the government. We will follow this trend???
42 posted on 08/03/2003 8:46:45 AM PDT by <1/1,000,000th%
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To: veronica
Wouldn't it be more appropriate for them to look to the US Constitution, or that too quaint a concept for Justice Ginsberg?

Unfortunatley, Justice Ginsberg and the majority of contemporary liberals consider the Constitution itself to be "quaint".

But then again, if Arlen Spector can grab Scottish Law to throw to Bubba as a political life preserver, maybe Ruth is just getting up to speed.
43 posted on 08/03/2003 8:49:55 AM PDT by mr.pink
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To: Eric in the Ozarks
Wanna be really scared? read Ronald Dworkin's apologia for judicial activism , "Law's Empire". It's practically the handbook for leftist judicial ...ahem..."interpretation."

44 posted on 08/03/2003 8:51:43 AM PDT by Cosmo (Liberalism is for girls)
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To: Republican Wildcat
I agree. Impeach.

Wasn't this nation founded by a bunch of radically sensical people who didn't want to be ruled by a bunch of aloof foreign princes an ocean away? So why do our Courts decide absurdly that they are subservient to the European Courts?

Last I checked, the Constitution was designed to minimize the influence of foreign potentates on American justice. Ruth Bader Ginsburg, often labeled as a "moderate conservative," deserves to be impeached, convicted, and removed from office because she obviously has not read nor believed in the Constitution under which she supposedly ought to adjudicate the cases brought before her Court.

By gosh, if she's a "conservative," as the popular canards dictate, what the heck is a "liberal," besides a traitorous Communist in willful ignorance of any of the provisions of the Constitution who acts and adjudicates solely on the basis of emotion and defies reason?

In any case, isn't it racist to consider only European courts? Why not consider the standards of justice of the Chinese Communists, the Talibanic sharia courts, the decrees of genocidical terrorist military dictators, and other African, Asian, and Latin American countries?

And the American Constitution Society might need to investigate a document known to Americans as the Constitution!
45 posted on 08/03/2003 8:52:56 AM PDT by dufekin (Eliminate genocidical terrorist miltiary dictator Kim Jong Il now.)
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To: kattracks
WASHINGTON (AP) — The Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, Justice Ruth Bader Ginsburg said Saturday.

The justices referred to the findings of foreign courts this summer in their own ruling that states may not punish gay couples for having sex.

And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally.

THANK YOU!!! You have just admitted to your own failure to "faithfully execute the laws of the land"!!!!

By looking ANYWHERE but the US Constitution, you are in breach of your oath, and are summarily IMPEACHED!

Ruth Bader (Meinhoff) Ginsburg...take your scrawny scarecrow A$$ and Vacate your position, and take the other TRAITORS with you...don't let the door hit ya where the good lord split ya!

46 posted on 08/03/2003 8:59:25 AM PDT by Itzlzha (The avalanche has already started...it is too late for the pebbles to vote!)
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To: kattracks

“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can excercise their constitutional right of amending it, or excercise their revolutionary right to overthrow it.”


— Abraham Lincoln
47 posted on 08/03/2003 8:59:48 AM PDT by Lexington Green
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To: LibKill
Both she and Nancy Pelosi look like the undead to me.

More like Max Schreck form the original "Nosferatu"!

48 posted on 08/03/2003 9:01:27 AM PDT by Itzlzha (The avalanche has already started...it is too late for the pebbles to vote!)
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To: Kevin Curry
Bizarro kevin. - Yesterday you pinged me to this:

21 people arrested in England over human sacrifice of African boy
Address:http://www.freerepublic.com/focus/f-news/957117/posts?page=32


-- Today you're claiming Ginsberg is my sweety? Gad man, get a grip. Try to regain some bit of control over your fantastic imaginings.




49 posted on 08/03/2003 9:03:11 AM PDT by tpaine (Really, I'm trying to be Mr Nice Guy, but principles keep getting in me way.)
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To: kattracks
The Magna Carta is one historical example of how to deal with tyrants like Ginsburg.
Don't fund them unless they give up some of their powers to the people, and agree to respect some of our rights.


Abusing the 14th Amendment is going to do as much good for the Supreme Court as abusing the 10th did for the states.

50 posted on 08/03/2003 9:14:19 AM PDT by mrsmith
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