On the recordMarch 29, 2012
Supreme Court Justice Ginsburg, on a recent trip to Egypt, made comments that garnered public notice. She said: I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. She also spoke favorably of the Canadian Charter of Rights and Freedoms and the European Convention on Human Rights. Although some people have criticized Justice Ginsburg for speaking negatively about the U.S. Constitution while abroad, I think she has a right to say what legal documents countries should consider that are now writing constitutions. But I do not agree with her those other constitutions are better examples of constitutions today than the U.S. Constitution is. Some people who have criticized Justice Ginsburg's preference for the other constitutions she named have focused on the positive rights contained in those documents. Some of those constitutions, such as South Africa's, protect the right to ``make decisions concerning reproduction,'' to ``inherent dignity,'' and the right to have an environment protected ``through reasonable legislative and other measures that prevent pollution and environmental degradation.'' The European Convention on Human Rights guarantees a right to education. Of course, none of these constitutions contain anything like a second amendment right for the citizens to defend themselves. Our Constitution is all about limiting the power of government.…





