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The Spectacle Blog
Supreme Court Justice Ruth Bader Ginsburg’s advice to Egypt on drafting a constitution is still raising eyebrows almost a week later. Ginsburg suggested using South Africa’s constitution as a model rather than ours. “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012,” Ginsburg said.
This shouldn’t be surprising. On the Supreme Court, Ginsburg is drafting a new constitution in 2012 and every day. There’s little indication she has ever looked to the U.S. Constitution while doing so.
View all comments (16) | Leave a comment
More Blog Posts by W. James Antle, III
http://spectator.org/blog/2012/02/07/ruth-bader-ginsburgs-constitut
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ncatty| 2.7.12 @ 11:34AM
I read the whole article. She cannot be impeached for renouncing her oath to support and defend the Constitution, based on what she is quoted as saying. She is too smart for that. However, we must be pretty far down the road for people like her to make their beliefs so clear. They used to try and hide it.
spike59| 2.8.12 @ 6:31AM
the days of the Left hiding behind the mask are, for the most part, over; in the days of the Obamanation, the mask has slipped; just ask the Catholics, or the widow of Brian Terry
Liam| 2.7.12 @ 12:01PM
Judges can be removed for "not good behavior". We the People decide what equates with "not good behavior". So if We the People decide her comments are "not good behvaior", We the People can force Congress to impeach and remove her. The problem is that Congress has no balls among them and have failed over and over to do what We the People require. And We the People have no balls because we continually re-elect the losers we have in Congress.
RJ| 2.7.12 @ 12:10PM
The original Constitution easily fits in 10 pages on a computer-generated document. The US government was formed in 1789 and many of the Founders were involved in interpreting what it meant while serving in government in the following years. Within the next 30 to 40 years, there was a pretty good understanding of the meaning and argumentative boundaries of the Constitution (e.g. Justice Story's 1834 Constitutional Treatise.)
Much of what has happened since then in court opinions is not interpreting the Constitution, but changing it. The Constitution exists to limit government authority. When the government can re-write its authority, the Constitution loses its purpose.
Ed| 2.7.12 @ 12:34PM
The truth is that Ginsburg (I won't use the honorific) has only one "constitutional" right which she holds sacred. That is the holy sacrament of abortion, preferably until the child reaches the age of 12. Everything else is superfluous.
Ed| 2.7.12 @ 12:44PM
The longer a Constitution is, the less it means. Ginsburg wants a Constitution like the Internal Revenue Code which grants no rights to the individual but leaves you at the mercy of the government and the courts, which, of course, would be inseparable.
RWinks| 2.7.12 @ 1:23PM
@ ncatty: Supreme Court justices do not take an oath to "support and defend" the Constitution. The oath they do take is virtually an invitation to ignore the Constitution. Read it some time....It's an eye opener.
ncatty| 2.7.12 @ 1:57PM
Article 6: "...shall be bound by oath or affirmation to support THIS (emphasis added) Constitution...". Shall we agree that this is another way of stating support and defend?
redstorm_| 2.7.12 @ 2:01PM
Wow, what a traitor to this country she is. She should be ashamed of what she said and believes. In one sentence she has disrespected all of the generations that came before who sacrificed and worked hard to allow her to sit in the court where she spews this crap. Another example in the need for TERM LIMITS which should include judges too.
W| 2.7.12 @ 2:13PM
All the Republicans who had to punish Bush41 because he raised taxes by voting for Perot, or stayed home because of their principles, gave us Bubba Clinton who appointed Ginsburg.
Now we have the same situation with so called Republicans or conservatives saying they will stay home again to prove how principled they are, and that will lead to Obama appointing more clones of Kagan and Sotomayor.
RJ| 2.7.12 @ 2:18PM
I hope every one keeps that in mind. And there will be some retirements which could have a significant impact on the Court; Ginsburg being one of them, perhaps Scalia and Kennedy, too.
Skippy| 2.7.12 @ 3:08PM
Thank you for pointing out the circular firing squad conservatism has become.
The numbnuts who will sit out if their guy doesn't get nominated are children, pure and simple.
For evidence, see the Coulter article in AmApec yesterday, and the comments.
Total jerks, and O'Bama's best friends.
We are totally hosed.
jstwndring| 2.7.12 @ 3:37PM
I'm sorry guys, but, there is not one shred of evidence that Romney would appoint conservative judges. I know, I know, he headed a severely blue state, but, he is at best a pragmatist. In his continuing effort to be (or, appear to be) fair, he will prove vulnerable to Democrats who will use his fairness as an opportunity to capitalize on and he will let them. Don't expect the squishy Republicans in the House or Senate to actually help him out. In the end, Mitt will do whatever he needs to do to stay in office. Well, everything but please those of us on the right. We don't hold a loud enough megaphone.
Kelsonus| 2.7.12 @ 4:17PM
Impeach her
""I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all..."
That's the vow she broke placing South Africa's or Canada's Constitution above the US
B. Thomas Marking | 2.8.12 @ 1:08AM
It is fashionable to imagine that our constitution was handed down on clay tablets, but that is not reality. It is antiquated and ill-suited to solving our current plethora of failures in governance. Even Jefferson could not defend this undue reverence for the past.
For those with open minds, visit www.thenewfoundation.us and explore the possibilities. The U.S. could regain world leadership in democratic and ethical governance, but not until we are willing to grow.
Paul Ronbow | 2.8.12 @ 6:08AM
Every conscious citizen must know and be proud of the Constitution. Get your copy of the US Constitution installed for free on your Android device http://bit.ly/wbakR1 or Nook http://bit.ly/yq18H0