Religion & American Law

U.S. Supreme Court Justice Ruth Bader Ginsburg has suggested Egypt look at newer constitutions for tips instead of the U.S. Constitution.  She believes it would be better for Egypt to take ideas from constitutions drafted more recently than one drafted more than two centuries ago.

     

Is Justice Ginsburg sounding an alarm for people to take notice?  Founding father Thomas Jefferson recognized that the Constitution should be changed from time to time - perhaps in every generation.    Although they are sworn to uphold and defend the Constitution, should we expect justices to "worship" it as if it were sacred -- and remove those justices from the Court if they do not appear to do so?   According to a Stanford law professor, "this is not law, its politics."   And based on the knee-jerk reactions of Justice Ginsburg’s critics, one might even say it’s not law, its religion.

On other occasions Justice Ginsburg has said that, "By disregarding the wording of the Constitution, we are symbolically saying the document is not important to us.”   Her reference here is to the frequently mistaken views citizens have about the First, Fifth and Fourteenth Amendments.  Many Americans do not seem to understand that government does not explicitly give us “freedom of expression” or “free exercise of religion,” or “due process” or “equal protection under the law”  -- but that those are rights that the government cannot restrict.

By becoming a member of the Super Court, did Justice Ginsburg waive her right to free speech?   The Constitutions’ framers did not  “worship” the document they drafted.  And Americans saw fit to amend the Constitution 27 times in the 225 years of its existence.  Such a document is not sacred and its meaning must be re-examined in light of change, circumstances, technology and evolving mores over time.  If one were asked to design a vehicle for the 21^st century, would one look to a carriage design from the 18^th century?   A Constitution is the by-product of shared culture’s experiences and mores.  As such, one size simply does not fit all.

Responding to the questions asked of her Justice Ginsburg made several statements which helped me form an opinion.  A few of them were:
"You should be aided by all the constitution writings."
"The spirit of liberty must be in the population of the people."
"We the people were an imperfect union - we are still forming a more perfect union, yet there is genius in our Constitution."

I think Justice Ginsburg offered Egypt sound advice.