Wednesday, February 8, 2012

The Waning Influence of U.S. Constitution Around the World?

Well, yeah, the waning influence of the Constitution according to the New York Times, "‘We the People’ Loses Appeal With People Around the World."

Here's the part about Justice Ginsburg:

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.

The rights guaranteed by the American Constitution are parsimonious by international standards, and they are frozen in amber. As Sanford Levinson wrote in 2006 in “Our Undemocratic Constitution,” “the U.S. Constitution is the most difficult to amend of any constitution currently existing in the world today.” (Yugoslavia used to hold that title, but Yugoslavia did not work out.)

Other nations routinely trade in their constitutions wholesale, replacing them on average every 19 years. By odd coincidence, Thomas Jefferson, in a 1789 letter to James Madison, once said that every constitution “naturally expires at the end of 19 years” because “the earth belongs always to the living generation.” These days, the overlap between the rights guaranteed by the Constitution and those most popular around the world is spotty.

Americans recognize rights not widely protected, including ones to a speedy and public trial, and are outliers in prohibiting government establishment of religion. But the Constitution is out of step with the rest of the world in failing to protect, at least in so many words, a right to travel, the presumption of innocence and entitlement to food, education and health care.
RTWT.

And then compare to IBD, "Our Constitution is the Best Model a Country Could Have":
We're not ashamed to declare the U.S. Constitution a magnificent document that, along with the Declaration of Independence, forms the greatest national charter in human history.

No other document has ever guarded freedom the way it has, and no other contract has provided such a foundation for prosperity. It's not perfect, but it's as close to perfect as man has come.
Thank you.

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