Wednesday, February 29, 2012

Ginsburg is missing a fundamental point

By Mark Wohlschlegel

In a previous article, I reflected on some of Madam Justice Ruth Bader’s Ginsburg’s comments regarding the U.S. Constitution when interviewed with Al Hayat TV in Egypt. In particular, I highlighted how her fascination with foreign law and dismissive comments about the U.S. Constitution is an outright violation of oath she took to defend and protect our Constitution.

Furthermore, her actions both here and in the past pose a real danger to all Americans, as it opens us up to no longer be judged by our peers, but rather we are now susceptible to the whim of foreign jurists who may not hold to the same values we do — and all this because Madam Justice finds that these foreigners hold similar “superior” views to her own. Because her ancient document doesn’t confirm or conform to her views, she is forced to look elsewhere.

Now, based off the same interview, I want to draw your attention to the fact that Madam Justice Ginsburg either is ignorant or chooses to willfully overlook the very fundamental purpose the U.S. Constitution was created for — it is not a document designed to empower the government to protect its people, but rather one that was designed to protects its people from their government. That bears repeating — the Constitution was designed to protect the American people from their government.

Consider the Ninth and Tenth Amendments of the U.S. Constitution:
"The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people."—9th Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”—10th Amendment
This is a distinctly different view than the modern documents cited by Madam Justice Ginsburg. For example, take her quote on the praise of South Africa’s constitution:

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