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Get Your Own Damn Constitution

I assume they’ll have a field day with this over at Bench Memos, but today’s front-page NYT piece on the waning popularity of our Constitution as a model for other countries is a hoot. The basic message is that our post-American legal elites disdain the Constitution as archaic, too hard to change, and just too darn American. (I’m not sure why they think it’s too hard to change — judges have been gutting it for decades now.) It’s also “terse and old” and “parsimonious” in guaranteeing rights. Some of its provisions are “outliers,” like the right to bear arms and separation of church and state, while it’s “out of step with the rest of the world in failing to protect, at least in so many words, a right to travel, the presumption of innocence and entitlement to food, education and health care.” As a result:

Many foreign judges say they have become less likely to cite decisions of the United States Supreme Court, in part because of what they consider its parochialism.

“America is in danger, I think, of becoming something of a legal backwater,” Justice Michael Kirby of the High Court of Australia said in a 2001 interview. He said that he looked instead to India, South Africa and New Zealand.

“Parochialism” is the post-American word for “sovereignty,” which persists despite the best efforts of transnational progressives like President Obama, Justice Ginsburg and their ilk. The basic question really is whether Americans will rule themselves or be ruled by others. Wait, I think there’s a new book that explores that very question!

New on The Corner. . .


COMMENTS   15

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   02/07/12 11:12

The American Constitution has ALWAYS been 'out of step' with the rest of the World.

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   02/07/12 13:12

Yes, because the rest of the world lags behind us in its understanding of freedom.

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   02/07/12 15:39
MarkJ
   02/07/12 11:20

"He said that he looked instead to India, South Africa and New Zealand."

Yeah, that's nice. The first two places, India and South Africa, are long associated with brutal caste, tribal, ethnic, and religious conflicts. India, for one, gave us the ultrasound abortion industry and South Africa turned "necklacing" into performance art.

As for New Zealand (pop. 4.5m), it's at the edge of the earth. Aside from the fact that it has nice scenery, and the Lord of the Rings movies were filmed there, who gives two hoots in Hades about it?

The only thing Justice Kirby has established is that idiocy is longer a barrier in Australia to a lucrative legal career.

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jamie
   02/07/12 11:37

agree that this article was totally ridiculous. i'm GLAD we have the strongest free speech protection in the world and that we don't junk up our constitution with social welfare "rights."

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Transnational Regressive
   02/07/12 11:48

Actually, there is a certain point to what those others have to say. Keep in mind that the original Constitution overlooked slavery, and that the vaunted "separation of powers" has not worked out as intended. We don't need to get into other issues (such as voting rights for women) that reflect long-term changes in the social order.

The real issue, as MK noted, is that in the US there has been a growing disparity between what the Constitution has to say, and what elitist justices claim it says. Worse, in the last couple of years we have seen public referenda (same-gender marriage in California, elimination of discrimination and preferences in Michigan) overturned by federal judges; those referenda were intended by the People to restore society to what it has been, not radical departures. Thus, our Constitution, as interpreted, is against its own People.

Likewise on the issue of abortion. The court-imposed regime, purportedly based on the Constitution, has become one of the most radically abortion-permissive in the world. European nations that permit abortion generally do so for a limited time period, with only limited exceptions thereafter, without court intevention. Meanwhile, the explicit right of religious freedom is disregarded, as if the Consitution did not exist, even as some groups demand a right to carry concealed firearms on campuses (It's our constitutional right!). No wonder others laugh at us.

In those nations with more leftist constitutions, it is a reflection of the more leftist underlying societies there. Thus, their constitutions, and judicial interpretations, are more aligned with their People. There, it is not the case that a radical judicial agenda is being imposed on a nation with its Constitution designed for squirrel-hunters and plantation owners.

In the US, convoluted and irrational legal opinions are needed, and "facts" by strange sociologists are adduced, when judicial power is used to subvert society. Thus, it is no surprise that judges in other nations have learned to ignore US legal opinions. Subversion is not necessary when the laws are aligned with society's own value system, whether it is of the left or the right.

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   02/07/12 12:03

Someone remind exactly why I should care if other countries use our Constitution as a model?

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   02/07/12 12:22

I don't care. If other countries want to ignore our constitution, that's their right. It was written by and for "We the People of the United States of America." If I were Australian, I might be a little annoyed if my judges WERE looking to the US Constitution for their answers. And I would definitely be more than a little worried about the judges looking to India and South Africa for answers...

I'm much more worried that Justice Ginsberg also seems to think she shouldn't look to the US Constitution, since that's kind of, you know, her job.

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   02/07/12 12:38

If what is going on in Europe is indicative of where the "rest of the world" is headed, I'm perfectly happy for us to be "out of step" with that. A "backwater" sounds like a really good place to be when the rest of the so-called free world is falling apart at the seams due to the machinations of bureaucrats who are accountable to no one. And India and South Africa as models of democracy? Seriously?

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   02/07/12 14:24

Does anyone edit this blog? The title should read "Get Your Own Damned Constitution."

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   02/07/12 16:31

I tried to quote WFB in this regard, in his response to a disgruntled subscriber, but the comment filter won't let me quote Buckley's own words to NR's web site! In any case, see here:
External Link 

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   02/07/12 17:42

Mr. Krikorian:

I'm impressed you replied. The NRO filter is silly, but it is what it is. I think the reference to Mr. Buckley was a bit obscure; next time I'd err on the side of proper English usage.

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   02/07/12 15:37

"while it’s “out of step with the rest of the world in failing to protect, at least in so many words, a right to travel, the presumption of innocence and entitlement to food, education and health care.”

Is there any specific evidence given to show that we do not protect "the right to travel"? Our only problem with "right to travel" right now is the darn TSA feeling us up.

"Presumption of innocence" - HUH!? That is the very basic tenet of our justice system - the accused is innocent until the gov't proves that he is guilty and it's "beyond a reasonable doubt". Again, any specific examples given?

I'm not even going to tuch the "entitlement" part - typical communist garbage.

“America is in danger, I think, of becoming something of a legal backwater,”

This quote proves what I have said for years - when you listen to what foreigners say about our form of gov't, our Constitution, and how an American might say "our gov't can't do that", you will notice the wide eyed look you will get. American was always a "backwater" or a "rogue" more accurately. Classical liberalism is the most radical political philosophy this world will ever know. Every other philosophy is pretty much just another variation of Statism - where the people are not sovereign, only have rights that the State deem they should have, and where the State controls everything.

And the reason why millions have come here since the Pilgrims is FREEDOM FREEDOM FREEDOM. To get what they could not get anywhere else.

So you know what, I'm glad they think this way. They can go take a long walk off a short pier as far as I'm concerned.

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Arthur Arkwright
   02/08/12 15:24

George W Bush didn't give a hoot about it, either. Unfortunately, Barack Obama often doesn't, too.

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BloodyLanceFlashman
   02/08/12 17:23

Justice Kirby is the go-to man here in Oz for the usual latte-left take on almost anything.
This is just more of the anti-Yank boiler plate they trot out with tedious predictability.

I'm not even sure they believe it themselves, it's just what his tribe does.

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