Justice Ginsburg Backs Value of Foreign Law

[Rose Siding]

snip>
"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.
....
Justice Scalia lambasted that logic, saying that "like-minded foreigners" should not be given a role in helping interpret the Constitution. House Republicans have introduced a resolution declaring that the "meaning of the Constitution of the United States should not be based on judgments, laws or pronouncements of foreign institutions unless such foreign judgments, laws or pronouncements inform an understanding of the original meaning of the Constitution of the United States."

In her speech, Justice Ginsberg criticized the resolutions in Congress and the spirit in which they were written. "Although I doubt the resolutions will pass this Congress, it is disquieting that they have attracted sizable support," she said.

"The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification," Justice Ginsburg said.

http://nytimes.com/2005/04/02/politics/02ginsburg.html

[elehhhhna]

1. THe Reaps are mad that SCOTUS admitted they

"looked to other countries laws", among other things, when interpreting the decision to NOT KILL underage offenders. Better get on it and fix THT au! What kind of Culture of Life (tm) is that?

[rodeodance]

2. She was severely critized last year also when she made comments

similar to this. This is not the first time she has been outspoken about this issue. it came up in the campaign early last summer also.

[Rose Siding]

3. That she speaks out could indicate

the seriousness of the threat of the proposed legislation.

[POAS]

4. Seems to me that the founding fathers relied on

the forms and foundations of other governments going back as far as the laws governing the Jews as laid down in stone by Moses. At least that is what I've heard tell lately.

[pacifictiger]

5. great comment!

Their hypocrisy never ceases to amaze does it.

[elehhhhna]

6. WHo the Hell do they think wrote the Magna Charta?

And these same bozos who wouldn't have us look to foreign law (might lead to best practices!) DO want us to consult the Bible. Who wrote THAT? George Washington?

[POAS]

7. Hell I even heard they consulted the French.....