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RWGR
02-07-2012, 06:14 PM
...the bigwigs have spent the day weighing in on that New York Times story about how the U.S. Constitution is now as pitifully déclassé as a 2006 Blackberry:

In a television interview during a visit to Egypt last week, Justice Ruth Bader Ginsburg of the Supreme Court seemed to agree. “I would not look to the United States Constitution if I were drafting a constitution in the year 2012,” she said. She recommended, instead, the South African Constitution, the Canadian Charter of Rights and Freedoms or the European Convention on Human Rights.

As it happens, I have been on the receiving end of the “Canadian Charter of Rights and Freedoms,” a characteristically modish piece of Trudeaupiana foisted on the country in the early Eighties. As I wrote here:

Since this magazine and I were ensnared in the “human rights” machinery, I’ve come to regard Canada’s Charter of Rights and Freedoms as—what’s the legal term?—oh, yeah, a worthless piece of crap.

If that’s insufficiently legalistic, I’ve also described it as “a worthless piece of junk.” By design, it excludes property rights, which Locke, Montesquieu, and other irrelevant dead guys all saw as an indispensable condition for liberty. It embeds identity-group preferences as a constitutional principle. And it empowers hack bureaucrats to determine the appropriate balance between genuine rights such as free speech and the pseudo-“rights” doled out by the state’s social engineers. It represents, as do many of the more fashionable constitutions admired in the Times piece, a precise inversion of the definition of “rights.” As I put it to one of the Charter’s many admirers:

“Rights” are not those things granted by the sovereign and enumerated in statute, but the precise opposite: They’re restraints upon the sovereign. They’re not about what the state allows you to do, but about what the state is not allowed to do to you.

It seems pretty clear from today’s Ninth Circuit decision that Americans increasingly live in, if not quite yet a post-constitutional republic, at any rate a post-modern one. But the fancies preferred by the Times are not the answer. A constitution that guarantees your right to affordable housing and a climate-change-free eco-system and the other innovations of more recent documents is not a charter of liberty but one of massive, coercive state power.


http://www.nationalreview.com/corner

Jack Butler
02-07-2012, 06:20 PM
So, is Eli Manning an elite quarterback?

RWGR
02-07-2012, 06:25 PM
So, is Eli Manning an elite quarterback?

Yes, much like Russia is elite in hockey.

Jack Butler
02-07-2012, 06:28 PM
I see, so he's got a ways to go...got it!

Jack Butler
02-07-2012, 06:29 PM
I figured you'd say yes....hmmm.

RWGR
02-07-2012, 06:29 PM
I see, so he's got a ways to go...got it!

Oh, the irony :)

Jack Butler
02-07-2012, 06:30 PM
How OV doing?

RWGR
02-07-2012, 06:31 PM
How OV doing?

Who what?

Jack Butler
02-07-2012, 06:32 PM
Your Russian buddy that plays for the Capitals.

RWGR
02-07-2012, 06:33 PM
Your Russian buddy that plays for the Capitals.

Oh, he's doing much better than Sid, who will be hiding his own Easter Eggs this April :)

Jack Butler
02-07-2012, 06:35 PM
Not much better and OVs actually on the ice every night.

RWGR
02-07-2012, 06:36 PM
Poor Sid. Hockey's just too rough of a sport for Mario's number 1 tenant.

Jack Butler
02-07-2012, 06:44 PM
I wouldn't say poor Sid.
He'll be fine either way.

RWGR
02-07-2012, 06:49 PM
I wouldn't say poor Sid.
He'll be fine either way.

Agreed. I'm sure Mario's basement is an excellent place to be.

Jack Butler
02-07-2012, 06:53 PM
8.7 million a year for the last few years...........
.......he'll be fine!

Jack Butler
02-07-2012, 06:57 PM
Oh ya, plus his clothing line and Tim Hortons and Reebok.
If he came out with a new helmet or something that would help prevent concussions and put his name on it, he wouldn't need to see the inside of a rink again.
He's still the biggest name in hockey.

bilbo79
02-07-2012, 07:18 PM
Mr. Barak, for his part, identified a new constitutional superpower: “Canadian law,” he wrote, “serves as a source of inspiration for many countries around the world.” The new study also suggests that the Canadian Charter of Rights and Freedoms, adopted in 1982, may now be more influential than its American counterpart.
The Canadian Charter is both more expansive and less absolute. It guarantees equal rights for women and disabled people, allows affirmative action and requires that those arrested be informed of their rights. On the other hand, it balances those rights against “such reasonable limits” as “can be demonstrably justified in a free and democratic society.”



http://www.nytimes.com/2012/02/07/us/we-the-people-loses-appeal-with-people-around-the-world.html?_r=2&hp

RWGR
02-07-2012, 07:23 PM
Oh, yes, the Canadian Charter of Rights is much more influential than the Constitution of the United States.

http://smileys.on-my-web.com/repository/Laughing/lol-030.gifhttp://smileys.on-my-web.com/repository/Laughing/lol-030.gifhttp://smileys.on-my-web.com/repository/Laughing/lol-030.gif

RWGR
02-07-2012, 07:25 PM
Oooops...context alert!

There are, of course, limits to empirical research based on coding and counting, and there is more to a constitution than its words, as Justice Antonin Scalia told the Senate Judiciary Committee in October. “Every banana republic in the world has a bill of rights,” he said.

“The bill of rights of the former evil empire, the Union of Soviet Socialist Republics, was much better than ours,” he said, adding: “We guarantee freedom of speech and of the press. Big deal. They guaranteed freedom of speech, of the press, of street demonstrations and protests, and anyone who is caught trying to suppress criticism of the government will be called to account. Whoa, that is wonderful stuff!”

“Of course,” Justice Scalia continued, “it’s just words on paper, what our framers would have called a ‘parchment guarantee.’ ”

bilbo79
02-07-2012, 07:29 PM
For countries drafting a constitution these days it is. For countries in Africa lets say would get better use out of ours than the 18th century old thing you guys have. I dunno why this is even news, it should be obvious.

It's better because it's more modern, not because it's Canadian. Which you would have understood had you actually taken the time to bother read and understand what you post

RWGR
02-07-2012, 07:32 PM
For countries drafting a constitution these days it is. For countries in Africa lets say would get better use out of ours than the 18th century old thing you guys have. I dunno why this is even news, it should be obvious.

Every 'newer' constitution looked to that greatest of Constitutions, the U.S. Constitution, for inspiration.

When it all is said and done, people will look to Greece, Rome, The British Empire, and the United States as the foundations of western democracy, with the United States being the apex of it all.

Canada won't even be in the equation.

KDawg
02-07-2012, 07:50 PM
Every 'newer' constitution looked to that greatest of Constitutions, the U.S. Constitution, for inspiration.
Yeah, too bad every president Americans have elected in the last 20 years wants to tear it apart.

bilbo79
02-07-2012, 09:28 PM
Every 'newer' constitution looked to that greatest of Constitutions, the U.S. Constitution, for inspiration.

When it all is said and done, people will look to Greece, Rome, The British Empire, and the United States as the foundations of western democracy, with the United States being the apex of it all.

Canada won't even be in the equation.

“Among the world’s democracies,” Professors Law and Versteeg concluded, “constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. Constitution, only to reverse course in the 1980s and 1990s.”
“The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II (http://topics.nytimes.com/top/reference/timestopics/subjects/w/world_war_ii_/index.html?inline=nyt-classifier).”

Canada already IS in the equation. Just ask Justice Ruth Bader Ginsburg of your Supreme Court.

RWGR
02-08-2012, 06:59 PM
Canada already IS in the equation. Just ask Justice Ruth Bader Ginsburg of your Supreme Court.

Oh, yes, she's one to ask!

http://www.4law.co.il/shoftym1.files/image025.jpg

bilbo79
02-08-2012, 08:19 PM
Oh, yes, she's one to ask!

http://www.4law.co.il/shoftym1.files/image025.jpg

She might not be much to look at but her opinion makes new stories. Your opinion on the other hand...ah forget it.