To: Pharmboy
Justice Scalia lambasted that logic, saying that "like-minded foreigners" should not be given a role in helping interpret the Constitution. I couldn't begin to estimate the number of Supreme Court decisions which included quotes from the writings of Sir William Blackstone in their decisions. I suppose Justice Scalia would be ripping apart Chief Justice Marshall for that as well.
To: Non-Sequitur
Well, at least he was English, and that is the Mother Country, after all.
30 posted on
04/02/2005 4:24:37 AM PST by
Pharmboy
("Rebellion to tyrants is obedience to God")
To: Non-Sequitur
quotes from the writings of Sir William Blackstone Blackstone is quoted to show where our laws came from. Ginsberg quotes foreigners to show where she thinks our laws should be going to.
ML/NJ
66 posted on
04/02/2005 5:27:24 AM PST by
ml/nj
To: Non-Sequitur
I couldn't begin to estimate the number of Supreme Court decisions which included quotes from the writings of Sir William Blackstone in their decisions. I suppose Justice Scalia would be ripping apart Chief Justice Marshall for that as well.Scalia attack Chief Justice Marshall? I don't know about that, but here's some Scalia quotes that might be helpful:
Here's Justice Scalia, while dissenting in Thompson v. Oklahoma. 487 US 815 (1988):
"The practices of other nations, particularly other democracies, can be relevant to determining whether a practice uniform among our people is not merely an historical accident, but rather so 'implicit in the concept of ordered liberty' that it occupies a place not merely in our mores but, text permitting, in our Constitution as well. See Palko v. Connecticut, 302 U.S. 319, 325 (1937) (Cardozo, J.)."
And here's Justice Scalia, while dissenting in McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995):
"We might also add to the list on the other side the legislatures of foreign democracies: Australia, Canada, and England, for example, all have prohibitions upon anonymous campaigning. See, e.g., Commonwealth Electoral Act 1918, §328 (Australia); Canada Elections Act, R.S.C., ch. E-2, §261 (1985); Representation of the People Act, 1983, §110 (England)."
All of the justices find occasions in which they find the laws of other nations to be supportive of their opinions/arguments. ;-)
132 posted on
04/02/2005 11:19:30 AM PST by
Scenic Sounds
(Sí, estamos libres sonreír otra vez - ahora y siempre.)
To: Non-Sequitur
I couldn't begin to estimate the number of Supreme Court decisions which included quotes from the writings of Sir William Blackstone in their decisions. I suppose Justice Scalia would be ripping apart Chief Justice Marshall for that as well. Nice try BUT my bet is every one of those quotes were of the Blackstone ideas that were incorporated by our founding fathers into the Constitution and Declaration of Independence and not those that would change it. Blackstone wrote "The king is not only incapable of doing wrong, but even of thinking wrong". Do you think we could/should reinterpret the Constitution to bring back a monarchy?
153 posted on
04/03/2005 5:53:40 PM PDT by
drpix
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