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Originally Posted by The_Dunedan
What I -DO- care about is anti-Constitution traitors like Ginsberg, Stevens, and Kennedy using foreign law to make law here in the US. The EU Constitution has no bearing on the US Constitution, and EU law has -zero- bearing on US law. Ignoring precedent in American law while using foreign precedents to essentially -MAKE- American law is probably the most flagrant act of Treason I've ever seen from this Government. "Support and uphold the Constitution" my hairy left foot!
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That's a massive overstatement, Dunedan. The problem most people have with Kennedy's use of foreign law is not that they think he's ignoring American precedent; they think he's depending on foreign law where there aren't clear American precedents. From a post by Michael Paulsen at balkin.blogspot.com:
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They are interesting! And what exactly is the harm? Foreign court case law obviously is not controlling. But even the worst of Anthony Kennedy's odes to foreign law do not treat foreign law as controlling U.S. interpretation. (The concern of conservatives is simply that, in Kennedy's case, they are able to exert too strong an influence over a weak, tractable mind that is concerned with how folks think about him. But one could as well -- and probably rightly -- have the same concern about the undue influence of the New York Times on Justice Kennedy.)
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"Die Deutschen meinen, daß die Kraft sich in Härte und Grausamkeit offenbaren müsse, sie unterwerfen sich dann gerne und mit Bewunderung:[...]. Daß es Kraft giebt in der Milde und Stille, das glauben sie nicht leicht."
"The Germans believe that power must reveal itself in hardness and cruelty and then submit themselves gladly and with admiration[...]. They do not believe readily that there is power in meekness and calm."
-- Friedrich Nietzsche
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