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363. We deserve better

By Joel Jacobsen

A long, long article in last Sunday's Times Magazine began: "Every generation gets the Constitution that it deserves."  That, I guess, explains Plessy v. Ferguson and the whole legal structure of Jim Crow.  The article, entitled "When Judges Make Foreign Policy," continues with the following helpful summary of attitudes about international law:One view, closely associated with the Bush administration, begins with the observation that law, in the age of modern liberal democracy, derives its legitimacy from being enacted by elected representatives of the people. From this standpoint, the Constitution is seen as facing inward, toward the Americans who made it, toward their rights and their security. For the most part, that is, the rights the Constitution provides are for citizens and provided only within the borders of the country...continue to full post

Full post as published by Judging Crimes on October 04, 2008 (boomark / email).