Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Justice Ginsburg: “I Would Not Look to the U.S. Constitution”
http://americafans.com ^ | July 8, 2018

Posted on 07/08/2018 12:45:51 PM PDT by ATOMIC_PUNK

Justice Ginsburg: “I Would Not Look to the U.S. Constitution” Posted By Roger Aliman on July 3, 2018 Conservatives are often ridiculed for criticizing activist judges who fail to respect the Constitution. We are told that it is not conservative originalists (labeled ignorant and extremist) but rather enlightened liberal judges—with their nuanced understanding of constitutional penumbras—who truly respect the spirit of the Constitution

Conservatives, however, have good reason to be skeptical of the left’s “respect’’ for the Constitution. Just last week, for example, Supreme Court Justice Ruth Bader Ginsburg told an Egyptian TV station that she would not recommend the U.S. Constitution as model for Egypt’s new government. The problem, you see, is that the U.S. Constitution is “a rather old constitution.” Ginsburg suggested that Egyptians should look instead to the Constitution of South Africa or perhaps the European Convention on Human Rights. All these are “much more recent than the U.S. Constitution.”

Ginsburg’s comments echo those by Washington University professor David Law, who published a study with Mila Versteeg on the U.S. Constitution’s declining infuence worldwide. In an interview, Law unfavorably compared the Constitution to “Windows 3.1”—outdated and unattractive in a world of sleek and sexy modern constitutions. Such obsession with the age of the Constitution is both absurd and irrelevant.

For one, the Constitution is still among the shortest and most elegantly written constitutions in the world. By contrast, South Africa’s constitution is well over 100 pages long, ×lled with tables, schedules, and such stirring passages as detailed provisions for a Financial and Fiscal Commission:

“A. National legislation referred to in subsection (1) must provide for the participation of – a. the Premiers in the compilation of a list envisaged in subsection (1) (b); and b. organized local government in the compilation of a list envisaged in subsection (1) (c).” And you thought the U.S. Constitution was hard to read. Equally ridiculous is the claim that the Constitution is too antiquated to apply to the modern world. The principles of the Constitution, although ×rst articulated centuries ago, are not tied to the material conditions of a bygone age. They rest on that most solid and enduring of all foundations: human nature.

The Constitution itself contains no policy prescriptions. Rather, it is a short, elegantly written document that create a framework for a free people to confront the political questions of their times. Of course, the real reason progressives swoon over South Africa’s constitution is that it goes far beyond merely establishing a framework for government and guarantees progressive policies—for example, by requiring legislation that prevents pollution and ecological degradation. In other words, the left’s real discontent with the U.S. Constitution is that it does not require Americans to adopt a progressive government and expansive welfare state that provides for every “right” social scientists can justify.

Americans should be very wary of those who would seek to upend the Constitution from the grounding in human nature that has allowed it to endure for more than two centuries and would transform it into an instrument devoted to policies of passing whimsy!


TOPICS: Education; History; Reference
KEYWORDS: rbg; rbgconstitution
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-94 last
To: ATOMIC_PUNK

What she is saying is that she does not like the Constitution which espouses individual liberty and government limited by the will of the governed.

Were I interviewing her, I would ask her why those principles are old-fashioned as she claims. Is not Liberty timeless?


81 posted on 07/08/2018 3:48:17 PM PDT by ChildOfThe60s (If you can remember the 60's....You weren't really there)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lonesome in Massachussets
That post of yours deserves more than I can express by simply typing stuff. Thank You.

What an awesome response by Calvin Coolidge to the sort of doubts this old delusional supreme court aberration of blind justice has been since day one. Her efforts towards a completely ridiculous reasoning to destroy a simple understanding of who we are as a people are exposed by a great President who we simply do not celebrate enough.

82 posted on 07/08/2018 3:48:21 PM PDT by WhoisAlanGreenspan?
[ Post Reply | Private Reply | To 34 | View Replies]

To: ATOMIC_PUNK

She really, really is the Notorious RBG.


83 posted on 07/08/2018 3:50:00 PM PDT by Yaelle (school)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ATOMIC_PUNK

In other words, the oath you took was an utter lie?


84 posted on 07/08/2018 4:05:19 PM PDT by cranked
[ Post Reply | Private Reply | To 1 | View Replies]

To: Eddie01

Oaths mean nothing to leftists when they don’t comport with the left.


85 posted on 07/08/2018 4:11:13 PM PDT by onedoug
[ Post Reply | Private Reply | To 2 | View Replies]

To: ATOMIC_PUNK

Fuching wrinkled bad of filth.

Not in good standing, Remove her ass from the bench.


86 posted on 07/08/2018 4:49:47 PM PDT by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ATOMIC_PUNK

Nothing but a DC! Time for her to go!


87 posted on 07/08/2018 4:54:27 PM PDT by Busko (The only thing that is certain is that nothing is certain.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ATOMIC_PUNK

A rather old constitution.

Yes, yes it is Ruth. And brilliantly conceived, elegantly written and the foundation of the greatest country in the world.

I pity you, Justice.


88 posted on 07/08/2018 4:56:57 PM PDT by SE Mom (Screaming Eagle mom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RetiredArmy
the communist slob should be impeached for violation of oath

But it's a 'living' oath!

89 posted on 07/08/2018 5:26:14 PM PDT by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: ATOMIC_PUNK; Liz; AT7Saluki

I’ve read that Abe Lincoln is really sorry that he nominated Ruth Buzzy...


90 posted on 07/08/2018 5:38:38 PM PDT by Libloather (Trivial Pursuit question - name the first female to lose TWO presidential elections!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ATOMIC_PUNK

For any U.S. citizen not interested in looking to the U.S. Constitution,then let them move to a place that has a constitution they like. This would ESPECIALLY apply to those working for the government & who take an oath of office. Those individuals should be asked to leave.


91 posted on 07/08/2018 6:40:40 PM PDT by oldtech
[ Post Reply | Private Reply | To 1 | View Replies]

To: JustTheTruth

Just think, if she passes away in her sleep like Justice Scalia, Trump would get a third appointee.


92 posted on 07/08/2018 6:50:38 PM PDT by ro_dreaming (Chesterton, 'Christianity has not been tried and found wanting. It's been found hard and not tried')
[ Post Reply | Private Reply | To 3 | View Replies]

To: alloysteel

I don’t think she will make it another two years.


93 posted on 07/09/2018 12:05:06 AM PDT by rdl6989
[ Post Reply | Private Reply | To 45 | View Replies]

To: ATOMIC_PUNK
...The problem, you see, is that the U.S. Constitution is “a rather old constitution.”

Too funny - an old bag saying we shouldn't rely on old wisdom......

94 posted on 07/09/2018 3:26:39 AM PDT by trebb (Too many "Conservatives" who think their opinions outweigh reality these days...)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-94 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson