Showing posts with label SUPREME COURT. Show all posts
Showing posts with label SUPREME COURT. Show all posts

Sunday, February 5, 2012

Supreme Court Justice wants to change Constitution.


Ruth Bader Ginsburg wants to change the Constitution she is sworn to uphold.

One member of the U.S. Supreme Court, whose members are sworn to uphold the Constitution of the United States, says she would look elsewhere – Canada, South Africa and Europe – should she be tasked with writing a constitution now.
The stunning statements come from Ruth Bader Ginsburg.

She was being interviewed by Al Hayat in Egypt, which is trying to develop a government after citizens deposed longtime dictator President Hosni Mubarack last year.
Egypt is facing major obstacles to a democratic form of government as the Muslim Brotherhood as a political party has been assembling a majority in the country. Among its goals is a Muslim caliphate worldwide.

She was asked: “Would your honor’s advice be to get a part of other countries’ constitutions as a model, or should we develop our own draft?

Her response:
“You should certainly be aided by all the constitution-writing that has gone on since the end of World War II. 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. 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 U.S. Constitution is 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? I’m a very strong believer in listening and learning from others.”
Mathew Staver, chief of Liberty Counsel, said her attitude is problematic.
“For a sitting U.S. Supreme Court justice to speak derisively about the Constitution she is sworn to uphold is distressing, to say the least. Justice Ginsburg’s comments about our Constitution undermine the Supreme Court as an institution dedicated to the rule of law, as well as our founding document.”
According to Liberty Counsel, “For a United States Supreme Court justice, entrusted with the duty to interpret the Constitution, this type of statement is unacceptable. Justice Ginsburg failed to respect the authority of the document that it is her duty to protect. When given the opportunity to promote American liberty abroad, Justice Ginsburg did just the opposite and pointed Egypt in the direction of progressivism and the liberal agenda.”


Ginsburg also noted that among her favorite parts of the Constitutions is the provision that judges’ salaries cannot be reduced, as well as a guarantee of independence to judges.
She also said the U.S. Constitution is “rather old,” and told Egyptians that a constitution will mean nothing unless the people it serves and protects desire liberty and freedom.
“If the people don’t care, then the best constitution in the world won’t make any difference,” she said.
In a commentary at Slate, David Weigel said, “Ginsburg has disturbed the balance of the universe by giving an interview to Egyptian television in which she does not recommend using the U.S. Constitution as a model for post-Mubarak happiness.”
He continued, “If you want, here you go: Proof that a Supreme Court justice … looks to other countries for advice on an evolving Constitution! Of course, we’ve known this about Ginsburg for years, because she’s said so repeatedly.”
At American Spectator, John Tabin said she “gets one of nine votes on the functional meaning of the U.S. Constitution. That she thinks the age of the Constitution she’s charged with interpreting make[s] it deficient relative to newer constitutions is kind of shocking, particularly in the context of her praise for the rights enshrined in the First Amendment – rights that, in practice, are protected far less robustly in South Africa or Canada or Europe than they are in the U.S.

Thursday, February 2, 2012

SUPREME COURT RULES GPS TRACKING WITHOUT WARRANT ILLEGAL


GPS tracking without a warrant illegal..
This case the SC has taken up on Drug Sniffing Dog searches may be a little more interesting.
http://www.palmbeachpost.com/news/state/supreme-court-to-take-up-case-of-miami-2105257.html

Opinion
http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf
http://www.star-telegram.com/2012/01/23/3679803/high-court-warrant-needed-for.html
High court: warrant needed for GPS tracking
Posted Monday, Jan. 23, 2012 0 Comments Print Reprints Share
Topics: GPS Devices
By PETE YOST and JESSE H. HOLLAND
Associated Press
WASHINGTON ­ The Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The GPS device helped authorities link Washington, D.C., nightclub owner Antoine Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required.

"By attaching the device to the Jeep" that Jones was using, "officers encroached on a protected area," Scalia wrote.

All nine justices agreed that the placement of the GPS on the Jeep violated the Fourth Amendment's protection against unreasonable search and seizure.

Scalia wrote the main opinion of three in the case. He was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor.

Sotomayor also wrote one of the two concurring opinions that agreed with the outcome in the Jones case for different reasons.

Justice Samuel Alito also wrote a concurring opinion in which he said the court should have gone further and dealt with GPS tracking of wireless devices, like mobile phones. He was joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

A federal appeals court in Washington had overturned Jones's drug conspiracy conviction because police did not have a warrant when they installed a GPS device on his vehicle and then tracked his movements for a month. The Supreme Court agreed with the appeals court.

The case is U.S. v. Jones, 10-1259