Monday, July 20, 2009

This Should Go Without Saying

As we await the elevation of Tyne Daly to the Supreme Court, Estase would like to discuss the "legal" philosophy of Ruth Bader Ginsburg. No, it isn't enough merely to make up American laws from the bench, but Ginsburg believes we now need to let legislatures in other countries vote on American laws. In an address to the American Society of International Law, Ginsburg said we, "should not . . . abandon the effort to learn what we can from the experience and good thinking foreign sources may convey." This is not a philosophical debating society we are talking about. This is the law of the United States, and looking for clever sophisms to replace our laws strikes at our republican democracy. How about speech laws from Red China, or family law from Iran? Why have a U.S. Congress if the Supreme Court is going to force us to live under other nations' laws anyway? The main reason against this is the reason we fought England to form our country- - the founding fathers did not want us to live under laws we had no voice in creating. So unless we get to vote for politicians in Sweden, Swedish laws should have no bearing on our laws.

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