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Justice Ginsburg: Supreme Court Considers Foreign Laws, Not
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Tanya
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PostPosted: Mon Apr 04, 2005 8:57 pm    Post subject: Justice Ginsburg: Supreme Court Considers Foreign Laws, Not Reply with quote

By Dave Eberhart, NewsMax.com
Sunday, April 3, 2005

"Supreme Court Justice Ruth Bader Ginsburg said Friday that as a justice she considers foreign laws – not just U.S. laws and its Constitution - in forming her legal opinions.

Ginsburg said criticisms of relying too heavily on world opinion "should not lead us to abandon the effort to learn what we can from the experience and good thinking foreign sources may convey."

http://www.newsmax.com/archives/articles/2005/4/3/82551.shtml
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GM Strong
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PostPosted: Mon Apr 04, 2005 9:15 pm    Post subject: Reply with quote

I hope Sharia has no part in it. This woman and Kennedy do not belong on this court. Their oath is to upholding the Constitution of this country, not whatever others they deem appropriate.
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Navy_Navy_Navy
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PostPosted: Mon Apr 04, 2005 9:43 pm    Post subject: Reply with quote

Shocked WTFO ????

What if a tenet of French or Polish or Russian or Chinese law seems to have more merit to one or more of our Justices of SCOTUS than our own Constitution?

I guess I've been asleep:
Quote:
In 2003, Republican Justice Sandra Day O'Connor openly stated that the court should look abroad for judicial guidance.

Sandra Day O'Connor "The impressions we create in this world are important, and they can leave their mark," O'Connor said in a speech.

She indicated that the U.S. is not respected abroad "when it comes to the impression created by the treatment of foreign and international law and the United States court, the jury is still out."

O'Connor indicated she and the High Court had been influenced in recent rulings.


Thank you, Justice Scalia for reminding your fellow jurors that we are a sovereign country and that your guide is in the Constitution and US law.

Why should this be necessary? And how can it be considered acceptable by any stretch to use foreign law as a basis for opinion?

If there has been a better illustration of the idea that our judiciary has run amok, I certainly can't think of when it happened or what it was.
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tony54
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PostPosted: Mon Apr 04, 2005 10:44 pm    Post subject: Reply with quote

The question is why do we have a constitution in the first place?
It was "in order to form a more perfect union".
The founding fathers were fed up with rules and laws of the rest of the world and their opinions.
They wanted to create a union unaffected and un-influenced by the rest of the world!
And now the Supreme Justices assigned the duty of interpreting that very document want to be influenced by the French, Cubans, Chinese and Muslims?
They need to learn to read and interpret.
There is only one document that pertains to them, the Constitution of the USA. Its all written in English, and even a foreign born Italian with only a high school diploma like me can understand it.
We also need to make a rule like the Cardinals in the Vatican:
No one on the Supreme court over 80 years old.
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DADESID
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PostPosted: Mon Apr 04, 2005 11:24 pm    Post subject: Reply with quote

This is an egregious usurpation of the popular sovereignty that countless or our forefathers DIED to guarantee to this country.

Nothing in ANYTHING duly established and ordained by "We the People" grants this kind of tyrannical authority to these usurpers of popular sovereignty.

This attitude by the judiciary can only be characterized as "Judicial Caesarism".

Are we headed toward the same destruction and dismantling of our Republic as occured with the Roman Republic... a destruction deliberately caused by a handful of robed "Caesars" like Julius, Augustus, and Tiberius?

I hope not. But such speculation is difficult to avoid given the enormous admission by Ginsburg.
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Navy_Navy_Navy
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PostPosted: Mon Apr 04, 2005 11:33 pm    Post subject: Reply with quote

It's even worse than you think - this is Sandra Day O'Connor who made this admission first and she's supposedly "conservative."

Shocked
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DLI78
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PostPosted: Tue Apr 05, 2005 5:48 am    Post subject: Reply with quote

GREETINGS PEOPLE OF THE PLANET EARTH:

WE of the planet Conehead are glad you have come to understand that you need to take guidance from us. We will send an envoy to your planet to instruct the Supemes (haven't heard any hits from them in 40 years). We hope you still make that wonderful bubblegum.

Do not worry, do not think. We will do that for you.

Is Dianna Ross still "hot" on your planet?

OW! Spousal unit: Do not hit my cone with that frying pan again! I am not attracted to Earthlings. Even really hot sensuos Earthlings with the voices of angels. OWWWWW!
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tony54
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PostPosted: Tue Apr 05, 2005 10:45 am    Post subject: Reply with quote

Quote:
By Dave Eberhart, NewsMax.com
Sunday, April 3, 2005

"Supreme Court Justice Ruth Bader Ginsburg said Friday that as a justice she considers foreign laws – not just U.S. laws and its Constitution - in forming her legal opinions.

Ginsburg said criticisms of relying too heavily on world opinion "should not lead us to abandon the effort to learn what we can from the experience and good thinking foreign sources may convey."


My advice to the Supremes:
1: Quit trying to be politically correct; you are not politicians!
2: Quit watching too much TV!
3: If you must watch TV make sure it FOX NEWS!
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LewWaters
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PostPosted: Tue Apr 05, 2005 2:04 pm    Post subject: Reply with quote

Maybe they need some reminders of just what it was they swore to defend and uphold?

Seems to me I heard on either Rush or Hannity a week or so ago, that Scalia was quoted as saying words to the effect of "the court is slowly rewriting a new constitution for a country he doesn't recognize."

I haven't found the exact quote yet, but when I do, I'll post it.
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tony54
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PostPosted: Tue Apr 05, 2005 2:14 pm    Post subject: Reply with quote

Here is my opinion of the court as of late:
They don't even try to interpret the CONSTITUTION,
Most of them think they ARE the CONSTITUTION.
And that's not good!
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Tanya
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PostPosted: Tue Apr 05, 2005 2:32 pm    Post subject: Reply with quote

Scroll down to Recent Programs and click on:

A&C: Justice Antonin Scalia on Constitutional Interpretation (03/19/2005)
CSpan


Edit to convert long link
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kate
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PostPosted: Tue Apr 05, 2005 4:10 pm    Post subject: Reply with quote

Sen John Cornyn
On the Senate floor April 4, 2005

He is the Senator that introduced the resolution slapping the courts' hands, that Ginsberg blasted

Full transcript http://www.freerepublic.com/focus/f-news/1377067/posts?page=39#39
very long transcript, couple snips~
Quote:
Given that framework the Founding Fathers agreed was so important and that I know we all agree is important today to preserve that independence so as to preserve that judicial function, it causes a lot of people, including me, great distress to see judges use the authority they have been given to make raw political or ideological decisions. No one, including those judges, including the judges on the U.S. Supreme Court, should be surprised if one of us stands up and objects.
Quote:
Alexander Hamilton, apropos of what I will talk about, authored a series of essays in the Federalist Papers that opine that the judicial branch would be what he called the ``least dangerous branch of government.'' He pointed out that the judiciary lacked the power of the executive branch, the White House, for example, in the Federal Government and the political passions of the legislature. In other words, the Congress. Its sole purpose--that is, the Federal judiciary's sole purpose--was to objectively interpret and apply the laws of the land and in such a role its job would be limited.
Quote:
There is an important role for international law in our system, but it is a role that belongs to the American people through the political branches--the Congress and the President--to decide what that role should be and indeed what that law should be; it is not a role given to our courts. Article I of the U.S. Constitution gives the Congress, not the courts, the authority to enact laws punishing ``Offenses against the Law of Nations,'' and article II of the Constitution gives the President the power to ratify treaties, subject to the advice and consent and the approval of two-thirds of the Senate. Yet our courts appear to be, in some instances, overruling U.S. law by citing foreign law decisions in which the U.S. Congress had no role and citing treaties that the President and the U.S. Senate have refused to approve.

To those who might say there is nothing wrong with simply trying to bring U.S. laws into consistency with other nations, I say this: This is not a good faith attempt to bring U.S. law into global harmony. I fear that, in some instances, it is simply an effort to further a political or ideological agenda, because the record suggests that this sudden interest in foreign law is more ideological than legal; it seems selective, not principled.

Sen John Cornyn from Texas....a man to watch in this debate. (He sat on the Texas Supreme Court)
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BuffaloJack
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PostPosted: Tue Apr 05, 2005 4:26 pm    Post subject: Reply with quote

It would appear that taking anything into account except our own U.S. Constitution means that the justice involved would be violating their oath of office (a verbal and binding contract), that they should be removed from office and replaced by someone who will actually honor an oath.
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Schadow
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PostPosted: Tue Apr 05, 2005 7:37 pm    Post subject: Reply with quote

Has anyone the noticed the strange inverse parallel between the Supreme Court and the Catholic Church? (Disclaimer: I am not Catholic.)

While some members of the Supremes find it perfectly logical to examine the laws of foreign countries for guidance on interpreting our Constitution, the hiererarchy of the Catholic Church maintains a strict-constructionist view of their doctrine and has for centuries. A sort of "What would Peter do" template applied to challenges from current culture.

If priesthood is for men, only; if birth control and abortion are banned, etc., etc., that's the way it is. An unshakeable steadfastness to their faith and doctrine in spite of continued intense pressure to 'reform'.

As I say, I'm not Catholic and may disagree with some tenets of that church, but you have to admit that the Vatican is the boss and that's that. With various ups and downs, they have survived for some 2000 years.

Our Supreme Court should take some lessons from that and get about the business of supporting OUR Constitution, not that of various governments around the world.

Schadow
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tony54
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PostPosted: Tue Apr 05, 2005 7:49 pm    Post subject: Reply with quote

They wouldn't enforce the basic "right to life liberty and persuit of happiness" for an American citizen about to be killed by the state.
But they legislated that a criminal under the age of 18 cannot be executed for the crime he committed.
I don't think they know the limits of their jurisdiction!
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