Monday, April 02, 2012

The United States is the only Western nation in which our rulers invoke the Constitution for the purpose of overriding it...


"Finding herself with a bit of time on her hands, Justice Ginsburg swung by Cairo last month to help out the lads from the Muslim Brotherhood building the new Egypt: 'I would not look to the United States Constitution if I were drafting a constitution in the year 2012,' she advised them. Instead, she recommended the Canadian Charter of Rights and Freedoms and the European Convention on Human Rights. That's why the fate of the republic will come down to a 5-4 vote. Because four-ninths of the constitutional court think the American constitutional order is as déclassé as a 2006 BlackBerry. ... 

[I]f the establishment wants to invent a new 'right' -- i.e., yet another intrusion by government -- it goes ahead and does so. If it happens to conflict with this year's constitution, they rewrite it. The United States is the only Western nation in which our rulers invoke the Constitution for the purpose of overriding it -- or, at any rate, torturing its language beyond repair. Thus, in [the] debate on whether Obamacare is merely the latest harmless evolution of the interstate-commerce clause, the most learned and highly remunerated jurists in the land chewed over the matter of whether a person, simply by virtue of being born, was participating in a 'market.' Had George III shown up at the Constitutional Convention to advance that argument with a straight face, the framers would have tossed aside the quill feathers and reached for their muskets."
--columnist Mark Steyn

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