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Ginsburg: OK to look to foreign law for good ideas
ap ^ | 07/30/10 | ap

Posted on 07/30/2010 2:14:39 PM PDT by goldendays

Ginsburg: OK to look to foreign law for good ideas

(AP) Supreme Court Justice Ruth Bader Ginsburg says judges can look to foreign law for good ideas without diminishing their ability to apply U.S. law faithfully.

Ginsburg told a meeting of international lawyers Friday that American judges can learn from their foreign counterparts when seeking solutions to "trying questions." Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them." Ginsburg acknowledged that other justices, including Antonin Scalia, are sharp critics of the use of foreign law in Supreme Court decisions. Still, she predicted the high court will continue to look to courts in other democracies for occasional help.

(Excerpt) Read more at google.com ...


TOPICS: Foreign Affairs; Front Page News; Government; News/Current Events
KEYWORDS: foreign; international; law; notconstitution; notperoath; treason; violationofoath; world
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1 posted on 07/30/2010 2:14:40 PM PDT by goldendays
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To: goldendays

In the Eu birthright citizenship is not allowed.

Lets start with that one.


2 posted on 07/30/2010 2:15:49 PM PDT by NoLibZone (Liberals are right. The AZ situation is like Nazi Germany. Mexico is Germany and Arizona is Poland)
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To: goldendays

The Constitution is not a recipe.


3 posted on 07/30/2010 2:16:04 PM PDT by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: Gene Eric

Hey Gins, if you and your ilk like foreign laws so much, move there. For you, I think Iran would be a winner.


4 posted on 07/30/2010 2:17:18 PM PDT by Mouton
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To: goldendays

To me, the biggest question is a short one — “why”?

Why do we need to look for foreign laws for “ideas”, when our judges are supposed to apply our American laws and interpret the U.S. Constitution? Why do they need “ideas” to help them interpret and apply our laws?

Does Ruthie mean that we look to foreign countries laws for liberal leaning legal concepts? For example, I understand that Saudi Arabia incorporates the Koran and Sharia Law into their civil laws. Certainly Ruthie doesn’t want to look there for “ideas” does she????


5 posted on 07/30/2010 2:18:17 PM PDT by Dilbert San Diego
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To: goldendays
Ginsburg forgets once again that in our system LEGISLATIVE AFFAIRS are assigned to the Legislative Branch, not to judges.

Did they cut out her gizzard or her frontal lobes ~ ? I keep forgetting that, not that it'd make any difference.

6 posted on 07/30/2010 2:19:18 PM PDT by muawiyah
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To: goldendays

She thinks she should be writing the laws now?


7 posted on 07/30/2010 2:19:42 PM PDT by Abby4116
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To: Mouton
Hey Gins, if you and your ilk like foreign laws so much, move there. For you, I think Iran would be a winner.

Yes, I think a full burka would suit her well.

8 posted on 07/30/2010 2:19:52 PM PDT by windsorknot
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To: goldendays

If we’re going to look across space, why not time as well? I’m starting to think a few witch trials may be in order.


9 posted on 07/30/2010 2:20:14 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Dilbert San Diego

Hell, the Supreme Court has ALREADY DONE IT! They even admitted that they looked at “foreign laws” when they were considering several cases. If the Republicans had an ounce of spine among them, they would have immediately those judges and thrown them out of the SC.


10 posted on 07/30/2010 2:20:50 PM PDT by Blood of Tyrants (Satan is a Democrat and Obama is his minion.)
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To: goldendays

It’s OK to look at foreign laws. For Congress to do when making new US laws, but not for the Supreme Court, whose job is to enforce the US Constitution, and laws made in accordance with it.


11 posted on 07/30/2010 2:21:26 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: goldendays

It’s OK to look at foreign laws. For Congress to do when making new US laws, but not for the Supreme Court, whose job is to enforce the US Constitution, and laws made in accordance with it.


12 posted on 07/30/2010 2:21:38 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Gene Eric

http://www.freerepublic.com/focus/f-news/941589/posts
Justice Breyer: U. S. Constitution should be subordinated to international will


13 posted on 07/30/2010 2:22:30 PM PDT by goldendays
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To: goldendays

Thank you. You can go back to your nap now, Ruthie!


14 posted on 07/30/2010 2:23:43 PM PDT by FlingWingFlyer (Ich bin ein illegal alien! - Barry Obama standing up with Central and South America against Arizona.)
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To: goldendays

She has no idea what the Constitution is, or what the role of the Supremes is.

Like many people these days.


15 posted on 07/30/2010 2:24:38 PM PDT by DBrow
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To: goldendays

That’s rich,
And what was it the Romans did to Supreme Court Justice Ruth Bader Ginsburgs kind?
Soooo, let’s look on other countries habits?


16 posted on 07/30/2010 2:25:27 PM PDT by Joe Boucher ((FUBO) Ya unAmerican p.o.s.)
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To: goldendays

She may have something there. For example, maybe we should look at Mexico’s laws regarding the prosecution of illegal aliens in THEIR country.


17 posted on 07/30/2010 2:27:41 PM PDT by GreenHornet
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To: DBrow

But President Obama said we are now world citizen


18 posted on 07/30/2010 2:30:19 PM PDT by goldendays
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To: goldendays

Which foreign countries? North Korea? Haiti? Myanmar? Iran? Sudan?


19 posted on 07/30/2010 2:30:58 PM PDT by Califelephant
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To: Joe Boucher

Obama official led Soros ‘fund’ supporting world government
Sought more U.N. helmets on U.S. soldiers, membership in International Criminal Court
http://www.wnd.com/index.php?fa=PAGE.view&pageId=185013


20 posted on 07/30/2010 2:33:11 PM PDT by goldendays
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To: Dilbert San Diego

You are right (a guy has to be quick around here!).

She improperly believes the judiciary is in the “idea” business.
In fact, they are in the “What does the law say?” business.
Perhaps at the most, “What did the lawmakers intend with this language?”


21 posted on 07/30/2010 2:35:04 PM PDT by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: goldendays

Where else could she look? In the constitution?


22 posted on 07/30/2010 2:37:05 PM PDT by Jack Wilson
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To: NoLibZone

Text - Obama’s Speech to the United Nations General Assembly ...
Sep 23, 2009 ... The following is a text of President Obama’s speech to the United ... No world order that elevates one nation or group of people over another will succeed. ..... “We have learned,” he said, “to be citizens of the world, ...


23 posted on 07/30/2010 2:39:47 PM PDT by goldendays
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To: goldendays

It’s just fine for legislators to look at a law in some foreign country and say, “Hey that might work here.” For a judge to say, “France has such and such law, so therefore our law is now the same” is legal adultery.

I sure don’t think I should be making French or German law, so I don’t know why judges think the French or Germans should be making our laws. Heck, probably the French and German don’t want it either.


24 posted on 07/30/2010 2:42:31 PM PDT by Mr. Silverback (Anyone who says we need illegals to do the jobs Americans won't do has never watched "Dirty Jobs.")
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To: goldendays

Our system may not be perfect, but it is well ahead of anything else in the world, and I don’t see the need to review international/foreigh/sharia or any other law.


25 posted on 07/30/2010 2:44:33 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: goldendays

...because foreign law allows things the Constitution never would. But if one can try to cirmumvent the Constitution using other legal systems and terminology, in order to fool everyday Americans, at least those who may care.


26 posted on 07/30/2010 2:45:01 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: goldendays

Our system may not be perfect, but it is well ahead of anything else in the world, and I don’t see the need to review international/foreign/sharia or any other law.


27 posted on 07/30/2010 2:45:01 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: goldendays
I agree, let's make her wear a burkha.

Cheers!

28 posted on 07/30/2010 2:46:21 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: goldendays

Incompetent and dangerous to occupy lifetime seats

Impeachment time for Ginsburg. Sotormayor should follow. These aren’t judicial minds, they’re fakes.


29 posted on 07/30/2010 2:46:34 PM PDT by A_Former_Democrat
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To: goldendays
Justice Breyer: U. S. Constitution should be subordinated to international will

If he actually said those words, then it's treason as far as I'm concerned. The rest of the world wants us subordinated because the rulers of it don't want to be knocked off their perch by us or liberated citizens of their own countries.

30 posted on 07/30/2010 2:47:48 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: TheThinker
Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them."

NH Sen. Gregg is fifth Republican to support Kagan

By JULIE HIRSCHFELD DAVIS (AP) – 1 hour ago WASHINGTON — Republican Sen. Judd Gregg says he plans to vote to confirm Elena Kagan as a Supreme Court justice. The retiring senator from New Hampshire says Kagan is qualified to serve on the high court, although she may have a different political philosophy than he does.

Gregg's announcement in a statement Friday makes him the fifth Republican to break with his party and back President Barack Obama's nominee.

He says confirmation should be based on qualifications, not ideological litmus tests or political affiliation.

The Senate plans a vote next week on Kagan, and majority Democrats have more than enough votes to confirm her. She's in line to succeed retired Justice John Paul Stevens

31 posted on 07/30/2010 2:49:15 PM PDT by goldendays
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To: TheThinker

US Supreme Court Justice Stephen Breyer: A Presentation on International Law
http://www.youtube.com/watch?v=o5zaImTF92g


32 posted on 07/30/2010 2:53:57 PM PDT by goldendays
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To: TheThinker

US Should Yield to Intl Law Says Supreme Court ...
4 min - Apr 13, 2009 - Uploaded by NYredwhiteandblue
Supreme Court Justice Ruth Bader Ginsburg Argues Foreign Laws Should Have Influence On American Laws. Hey, I have a ...
http://www.youtube.com/watch?v=URLAx9fECGQ


33 posted on 07/30/2010 2:56:46 PM PDT by goldendays
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To: goldendays

Look to foreign laws for good ideas.

Who defines good? Abortion is illegal in in many countries, slavery is allowed in others, stoning, dismemberment... where do these good ideas stop?

If only we had a document of our own that set limits on our government...


34 posted on 07/30/2010 2:59:29 PM PDT by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
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To: TheThinker
...because foreign law allows things the Constitution never would.

Especially if a judge can pick and choose which foreign country.

35 posted on 07/30/2010 3:00:40 PM PDT by omega4412
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To: grey_whiskers

36 posted on 07/30/2010 3:07:45 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: goldendays

37 posted on 07/30/2010 3:08:36 PM PDT by StAnDeliver (/)
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To: grey_whiskers

I was thinking more along the lines of female circumcision. That would smarten her up.


38 posted on 07/30/2010 3:09:50 PM PDT by deadrock (Liberty is a bitch that needs to be bedded on a mattress of cadavers.)
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To: Abby4116

We don’t have a Judicial Branch anymore; we have an Executive and two Legislative Branches.


39 posted on 07/30/2010 3:19:28 PM PDT by kevao
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To: goldendays

I was on loan to the blue helmets for a while when I was in S. Korea.
Seems like forever ago.
What a bunch of dumbasses.
Hell, I do not think the could successfully take on the Hells Angels much less the worlds bad guys.


40 posted on 07/30/2010 3:23:06 PM PDT by Joe Boucher ((FUBO) Ya unAmerican p.o.s.)
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To: goldendays

No, they can’t. It’s totally irrelevant. Judges don’t need ideas about foreign law - they simply need to evaluate the legality and applicability of laws passed by our state legislatures and the Congress based upon the Constitution. End of story.


41 posted on 07/30/2010 3:26:33 PM PDT by americanophile (November can't come fast enough....)
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To: DEADROCK
I was thinking more along the lines of female circumcision. That would smarten her up.

That would constitute cruel and unusual punishment.

For the practitioner.

Cheers!

42 posted on 07/30/2010 3:35:38 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: dead
LOL -- I didn't even notice at first that you changed the *face* as well, and not just the lettering.

Cheers!

43 posted on 07/30/2010 3:38:13 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: goldendays
go back to sleep...
44 posted on 07/30/2010 3:40:48 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: goldendays
I wonder if she has a copy of the Nuremburg Laws as a reference. Since she is so fond of foreign legal opinions.
45 posted on 07/30/2010 3:41:53 PM PDT by JimC214
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To: TheThinker

RBG has never thought the US Constitution matters for much. She does not agree with it. Her ideology prefers foreign over domestic.


46 posted on 07/30/2010 3:48:36 PM PDT by auboy (Men who cannot deceive others are very often successful at deceiving themselves. Samuel Johnson)
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To: goldendays
Justice Breyer: U. S. Constitution should be subordinated to international will

If we had a Congress that was worth a s##t, that would be sufficient grounds for his impeachment.

I hate being so profane, but I'm just so damn sick and tired of the regime and all the useful idiots surrounding them.

47 posted on 07/30/2010 3:52:02 PM PDT by Marathoner (Depression=I lost my job, Recession=My neighbor lost his job. Recovery=Obama loses his.)
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To: StAnDeliver
Is that Real? Goodness, I wonder what the stenographer or whoever drew that was thinking at the time!
48 posted on 07/30/2010 4:18:11 PM PDT by KC_Lion (Lord help our Armed Service members that they not become pawns in Hussein's quest to destroy America)
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To: goldendays

Hello Ruth , I’m a somewhat competant rube from Va. and no!! you should not use foriegn law for any decisions based in the United States of America.


49 posted on 07/30/2010 4:28:22 PM PDT by VaRepublican (I would propagate taglines but I don't know how. But bloggers do.)
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To: goldendays; Dilbert San Diego; El Gato
There are 50 states in the American tradition that pass laws every day. Instead of looking to the American people as represented by them in state legislatures, the tyrants like Ginsberg, The Wise Latina, Butch Kagan will look to legal barbarians for guidance. They flick away state laws as if they were lint and look to shithole nations in Africa for guidance. Welcome to the tyranny. Americans will not long stand for this.

Tyrants should fear for their personal safety. Most of our Congress and Scotus qualify.

50 posted on 07/30/2010 4:29:17 PM PDT by Jacquerie (Democrats soil institutions.)
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