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Old 02-03-2012, 08:35 AM
 
29,407 posts, read 22,005,733 times
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You know the document they have the duty of upholding. Looks like she keeps her copy in the bathroom for use.

[SIZE=3]"You should certainly be aided by all the constitution-writing that has gone one since the end of World War II. I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary... It really is, I think, a great piece of work that was done. Much more recent than the US constitution - Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world?[/SIZE] "

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Old 02-03-2012, 08:41 AM
 
2,836 posts, read 3,496,025 times
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So what? Is there a point to this thread? I think not.
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Old 02-03-2012, 08:59 AM
 
45,582 posts, read 27,187,569 times
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Interesting - if any member of the court does not believe in the document they are charged to uphold, maybe that person should remove themselves from the court. Can that person truly be objective to the Constitution?
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Old 02-03-2012, 09:07 AM
 
Location: West Coast of Europe
25,947 posts, read 24,745,361 times
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Originally Posted by KUchief25 View Post
You know the document they have the duty of upholding. Looks like she keeps her copy in the bathroom for use.

[SIZE=3]"You should certainly be aided by all the constitution-writing that has gone one since the end of World War II. I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary... It really is, I think, a great piece of work that was done. Much more recent than the US constitution - Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world?[/SIZE] "

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A constitution is not a sacred book or anything. Why not update and rewrite it? The older a document is, the more likely it is to become outdated...
Sometimes a reset is a blessing.
Like with computers. After years of usage and installing updates and what not, it makes sense to format the disk and install a new os
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Old 02-03-2012, 09:19 AM
 
46,951 posts, read 25,990,037 times
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Originally Posted by DRob4JC View Post
Interesting - if any member of the court does not believe in the document they are charged to uphold, maybe that person should remove themselves from the court. Can that person truly be objective to the Constitution?
That's not what she said.She was clearly entertaining a thought experiment - what if you were to rewrite a constitution from scratch, today? - and mentioning possible inspiration sources.

The things some people get worked up over...
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Old 02-03-2012, 09:24 AM
 
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Cass Sunstein said that the South African Constitution is "the most admirable constitution in the history of the world."

This should tell you where this communist sitting on our court stands.
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Old 02-03-2012, 09:32 AM
 
46,951 posts, read 25,990,037 times
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Originally Posted by KUchief25 View Post
Cass Sunstein said that the South African Constitution is "the most admirable constitution in the history of the world."

This should tell you where this communist sitting on our court stands.
It doesn't tell me anything, I'm afraid.
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Old 02-03-2012, 09:35 AM
 
29,407 posts, read 22,005,733 times
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Of course it doesn't.
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Old 02-03-2012, 09:41 AM
 
Location: Michigan
12,711 posts, read 13,479,163 times
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Originally Posted by KUchief25 View Post
Cass Sunstein said that the South African Constitution is "the most admirable constitution in the history of the world."

This should tell you where this communist sitting on our court stands.
South Africa is a Communist country? I missed that development.
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Old 02-03-2012, 09:42 AM
 
29,407 posts, read 22,005,733 times
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Of course you did.
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