Why the Courts Have Become a Leading Edge in the Coup de Culture
This interview by Justice Ruth Bader Ginsberg is frightening in its candor about how she apparently perceives her job as one of establishing "right" policy--which, in her case are of the Left Intellectual Elite--as opposed to interpreting and applying law as it was created by the political branches of government, that is to say, by the people. In an interview with the New York Times, she explains why she believes the rulings of foreign judges should be considered in interpreting US constitutional and statutory law: From her interview:
Justice Ginsburg said the controversy was based on the misunderstanding that citing a foreign precedent means the court considers itself bound by foreign law as opposed to merely being influenced by such power as its reasoning holds. "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?" she asked.We are supposed to care whether Canadian rulings--which hew sharply to the left--are cited by foreign judges more than those of the US Supreme Court? We are supposed to care if another country's courts interprets its laws and constitution the way we do ours? Our judges are supposed to be diplomats to make other countries feel we respect their views?
She added that the failure to engage foreign decisions had resulted in diminished influence for the United States Supreme Court. The Canadian Supreme Court, she said, is "probably cited more widely abroad than the U.S. Supreme Court." There is one reason for that, she said: "You will not be listened to if you don’t listen to others."
Baloney. This is an excuse for a power grab. And in Ginsberg's attitudes, you see clearly why many judges "move," or "mature," or "grow"--pick the word--from "left" to "right:" Left is where the power is. Left allows judges to remake society according to their own personal views.
Let's not kid a kidder: The foreign cases that the former head of the ACLU Ginsberg cites will only be the ones with which she agrees--generally from Western Europe or Canada, that reflect her leftist views on social, economic, and environmental issues. And in crafting cases she hopes will be popular with our betters abroad, she will cater to these same leftist perspectives. You sure won't see her citing Islamic court rulings on the rights of women! So it isn't being foreign that is important, it is finding a hook upon which you can hang your legal hat to justify your ideological ruling.
And make no mistake: the judges who hold Ginsberg's views happily conflate their political desires with the mandates of the constitution, meaning that we are in witnessing a bloodless revolution led by judges that is intent on overthrowing the traditional standards of Judeo-Christian/humanistic moral philosophy of our (the US's) founding, which I believe remain the majority belief of the people. But "the judges" think that such views are for rubes. They are intent on refashioning society based on a utilitarian/hedonistic/radical environmentalist ideology to which they subscribe.
And that is why we see so many cases decided today that create constitutional rights that nobody ever knew existed--in order to force the country to adopt policies that the few think should apply to the many. And in that is a profound loss of freedom.
posted by Wesley J. Smith @ 7:27 AM
8 Comments
8 Comments:
Ginsberg disgusts me.
Ginsburg also said this: "She also offered a theory about why after World War II nations around the world started to create constitutional courts with the power to strike down legislation as the United States Supreme Court has.
“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.”
I don't think she or the court was much to look to here. Courts here gave us Dred Scott, Korematsu and 50 million abortions, almost all which had nothing to do with a threat to the mother's physical life. Ginsburg gave us Stenberg/partial birth abortion. She's a barbarian in a black robe. It's sad that someone like her should have so much influence over the good and decent people of the United States of America and that our democracy has all but disappeared because of people like her. Her reign of judicial terror is almost over. It's too bad that the current president is going to replace her with someone equally as bad. It's sad that so many have given so much blood for this country only to have the ideals they've fought for overturned by judicial tyrants like Ginsberg. She's part of the undermining of the very democratic republican ideals those brave people fought for. You have to wonder why people put their lives on the line for ideals that can now be so easily overturned. We fight for our ideals not the praise of some soulless bureaucrats in Europe or Canada.
I am always surprised at this sort of behavior by people like ginsburg.
Does she realise she is cutting her own throat and the throats of her co-religionists ?
At the moment conservatives in america are atill willing to make a good faith effort to work within the system and seek change through the proper channels, while people like Ginsburg feel free to abuse and pervert the system to their own ends and frustrate the work of those she disagrees with without meaningful regard to the proper functioning of the system.
It seems she fails completely to realise that continuing in this direction will end in one of two places. Either the conservatives will decide to stoop to her level and start to abuse the system in the same way, because they will feel they have no choice, or they will seek to exercise the constitutional rights to secede or have a second revolution.
Either way Ginsburg and her ilk will find themselves in a nasty situation that will ultimately be of their own making.
It strikes me as quite strange that they are so keen to dig their own graves like this.
Well Jason, her "religion" is irrelevant, if you are referring to her being Jewish. Kennedy has also made similar comments, although not quite so blatant.
Actually Wesley it wasn't a reference to her being Jewish but her commitment to her leftist ideology that acts as a substitute religion. Hence the phrase co-religionists.
Sorry for the confusion.
Jason: Thanks for the clarification. That's an altogether different kettle of fish!
It doesn't matter what religion they are; when they're raised to be "a doctor or a lawyer" as if that gives them some sort of superior position and makes them superior people, i.e. they'll make more money and be assured a nice living, and people will listen to what they say, the trouble starts -- the arrogance, the sense of entitlement, the belief that they know better, that everyone should listen to them, etc. When their parents had these ambitions for them, they weren't thinking of what kind of world it would end up creating. God forbid the kid should work with their hands; that's for other people. Well the other people are paying the price now, and the "professionals" couldn't care less; it's all about them; they must be right; they're smarter than everybody else; everything in their upbringing and educational experience taught them that, and that's all it taught them. That's why education is no longer education; it's just test scores. When they get to be scientist or a judge, have they been taught to think? Of course not. There ought to be a law that everybody should have to work with their hands for a time before going to professional school; that would solve a lot of problems in this society; but who would make that law? A mindset that didn't frown on young people not being careerist would yield a much healthier society. What does anyone know by the time they become a doctor, a scientist, a judge if they've never done anything but be in school and on the "right" career track and done the "right" things? When people live in their own heads too much, under the influence of the "right" people and in the "approved" way, what can we expect of them? Well that's how we got Ginsberg and a whole bunch of other idiots and worse. And everybody is paying for it except for the ones driving the train, who were groomed to drive it. While at the same time utilitarianism and "cost concerns" prevail.
Actually everyone should have to work with their hands before going to college, and learn to respect actual work, rather than aim for jobs that produce nothing and have made a mess of this society. Also do military service of some sort. Then those who did go on to college and those who did go on to graduate and professional schools would end up being more competent, responsible, sensible, ethical, and trustworthy than what we've got now, and those who did not would be more confident and content and astute, and less likely to put up with nonsense from their "betters." Now that would combat the death culture. It's a war that has to be fought from a fundamental standpoint, and can't be won when selfishness and idiocy are the norm.
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