Ruth Bader Ginsburg on International Law & the Constitution

[JazzzyB06]

Great Britain doesn't have a constitution. Great Britain is an island.

[Borisnifk]

What's with all the fuss here? If the House of Lords could look into the case law of other Commonwealth countries and also of the likes of nations such as France and Germany, I see no problem with the Supreme Court of the USA referring to the decisions of the justices in those countries as well. Nobody said anything about applying the foreign law, but merely taking a comparative approach in solving certain issues.

[AntonBatey]

Hey Robertson, you dumbfuck, the Constitution says in Article VI that any treaty that the United States enters into is the “law of the land”, and the UN Charter is considered an international treaty, thus, according to the U.S. Constitution, making it the “law of the land”.

That means no wars unless they get authorization from the Security Council. I know that’s hard for a pro-war, Arab-blood lusting bastard like you to comprehend, but it is what it is.

[johnstrash]

Hey AntonBatey, I gotta ask. Did you yell at your computer when you watched this? Were you crying tears of shallow minded outrage? How close did you come to punching your monitor in a flabbergasted tantrum?

To somehow decode Article VI as justification for using international law in "cases regarding the American constitution" (to quote Ginsburg) is an example of typical liberal interpretation. Although we are obligated to uphold treaties, they most certainly do not trump our own constitution.

[AntonBatey]

Because the Charter is recognized as a treaty and the United States not only officially and legally accepts it, but wrote much of it.

[johnstrash]

I do not think you know what this is even referring to. This topic arises from the idea that American judges should use the rulings of foreign judges as influences in interpreting law. To quote Ginsburg: "Why shouldn't we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor?" This is not an obligation required under Article VI, and could potentially affect the majority of laws in the United States.

[AntonBatey]

@johnstrash

I didn't deny that. I'm saying that according to Article VI, the UN Charter is the "law of the land" in the United States.

[montenegrin2010]

International Law and Foreign Law are two completely different things.

[JohnBigBootay]

@montenegrin2010 Liberals and other fascists like yourself always attack the messenger but never address the message. It is an intellectual weakness.

[montenegrin2010]

@JohnBigBootay I see your point sir, but you cannot ignore the stupidity in not being able to make that kind of distinction. Equating foreign to international law, I mean... how much credibility can you have?

[edmctigue]

cmgarner07 - Yes foreign law may provide some insight as to the nature of legal questions. These are questions and applications of foreign law that belong in the classroom or as you put it the "academic realm". Not to be used to determine what U.S. law should be or emulate. The law is made by our elected officials and ONLY interpreted by our appointed judges.

[cmgarner07]

"Bring us under the rule of a world government." Hahahaha-- he got that conspiracy theory from Ginsburg's quote?

And if you read the entire speech, she's not suggesting that foreign law should be used as binding precedent to determine the applicability of the law within the U.S. She's only suggesting that foreign law can offer an insight into the nature of greater legal questions that span all of international jurisprudence and serve as analogies for understanding law in an academic realm

[508307]

You are so right. just another Overaged Sick Scum Lawyer wanting Attention.

[ralphdjeeper]

Fuck this bitch,she's out of her fucking mind,if she ever had one.