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This is a discussion on Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa within the Off Topic & Humor Discussion forums, part of the The Back Porch category; This woman is a loon. An out and out, through and through liberal who is dangerous to this country. And while this may be harsh ...
This woman is a loon. An out and out, through and through liberal who is dangerous to this country. And while this may be harsh and some may not like to hear me say it, the only good thing I can say about her is that she has pancreatic cancer so thankfully, she most likely won't be around to screw things up for much longer.
Sadly, since we have a true socialist in the White House, we may very well get someone worse.
Read this article if you dare.Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa
I could read it fine - not registered there.
Here's an interesting quote from her:
“What happened in Europe was the Holocaust,” she said, “and people came to see that popularly elected representatives could not always be trusted to preserve the system’s most basic values.”
....she's totally right about this. However, she has no idea what it really means apparently!
I could spend my evening attacking her every word in that article every which way from Sunday...literally in this case, but it wouldn't be worth my effort. Here's to hoping the old hag hurries up and gets on with the cycle of life.
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I'd like to appoint the woman from the Texas cafetera shooting. What was that line, "firearms are to protect us from you guys (the legislators)." Now that women gets it.
Well, let’s see, foreign laws do not apply here in the US. I guess that might be a good reason not to consider them when interpreting US law.
A lot of our laws are derived from England. Laws in Louisiana are based on French law (which is a bit different than english law). Suffice it to say that anyone who makes a living deciding what a Federal or Constitutional law really means needs to know and understand that foreign laws do have an effect on the interpretation.
Liberal or not, the woman is one of the smartest jurists in the USA. I may not agree with her decisions all of the time, but I absolutely respect her intelligence.
please tell me that you are kidding.
anyone who makes a living deciding what a Federal or Constitutional law really means needs to know nothing about foreign laws because they have no effect on the interpretation.
"I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
There are always too many Democratic, Republican and never enough U.S. congressmen.
On the other hand just as we discussed in another thread about citizens arrest where in some states where that is not addressed it falkls back to common law which is generally derived from English law.
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First--for those of you who find anything "good" in another human being's having pancreatic cancer, that is beyond disgusting and offensive. I lost both of my grandmothers to cancer and experiencing joy at any person's suffering through that nightmare is perverse. Shame on you.
Second--I have an LL.M. (Masters) in international and comparative law, and have made the study of how international law interacts with national law a central part of my academic and professional knowledge. It is a matter of historical fact that much of our original law--particularly the Constitution--has its roots in foreign and/or international law. A full understanding of its intent involves an analysis of its historical precedent. Any competent constitutional lawyer would agree. This does not mean that foreign laws "control" anything--it is simply an acknowledgement that the historical precedent helps in trying to understand the meaning of the historical antecedent.
Moreover, "international law" by definition includes treaties, which Article VI of the Constitution expressly includes with the Constitution and laws of the United States as part of the "supreme law of the land."
Just as the states, in the original constitution itself and in the 14th Amendment explicitly conceded certain portions of their "sovereignty" to the federal government, the United States has, via treaties, consented to be bound in certain aspects by international law.
There is nothing nefarious about any of this. It is simply the way law works.
Now, is Ginsburg off her nut in the way she interprets many of the laws and provisions of the Constitution--no disagreement there. But saying that international law has a role to play in interpreting the U.S. Constitution and statutes is no more "wrong" than saying, for instance, that to better understand the English language it helps to study Latin and the Germanic languages from which it is about 90% derived.
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