In an interview with Breitbart News Editor-at-Large Ben Shapiro, Sen. Rand Paul (R-KY) made the astute observation that Barack Obama is not just skeptical of our Constitution, but also has an alternative model in mind: the South African constitution. That document has been the object of fascination and envy for the American legal left ever since it was negotiated and passed in the mid-1990s, during South Africa’s transition to democracy.
The left is obsessed with a particular section of the South African constitution: its Bill of Rights, which includes so-called “positive,” or socioeconomic rights: the right to housing, the right to a clean environment, the right to health care, the right to food and water, and so on. South Africa's Bill of Rights also prevents discrimination on the basis of a wide range of categories, including both gender and sex, culture, sexual orientation, and pregnancy.
If that sounds like the wish list of the American “progressive” movement, that is because it is: many of the legal scholars who influenced South Africa’s constitutional negotiations were from the United States. One of the most important was professor Frank Michelman of Harvard Law School, whose contribution to South Africa’s doctrine of socioeconomic rights was lauded last year by South African Constitutional Court justice Sandile Ngobo.
Michelman, who taught at Harvard when Obama was a student, was also one of the few faculty supporters of Critical Race Theory pioneer Derrick Bell. Bell believed that the American legal system enshrined white supremacy, and that the Constitution--even after the Civil War amendments--was fundamentally racist. The only to redeem it, he argued, would be through the passage of amendments that guaranteed socioeconomic rights.
Obama was profoundly influenced by Bell’s ideas, and used them to teach his own law classes at the University of Chicago. He echoed Bell’s views of the Constitution as a “deeply flawed” document in an infamous interview with Chicago’s WBEZ-FM in 2001, when Obama observed that the Warren Court of the 1960s had been too timid to apply principles of equality to the “redistribution of wealth” and “political and economic justice.”
That task, then-State Senator Obama said, could not be entrusted to the courts within the limits of the Constitution as we know it; “redistributive change” would have to wait until the left had assembled “the actual coalitions of power” necessary. Today, Obama has done just that--and his attempt to divide and marginalize the Republican Party is aimed at removing potential opposition to the fundamental changes he wishes to enact.
Quote: Eglman wrote in post #1In an interview with Breitbart News Editor-at-Large Ben Shapiro, Sen. Rand Paul (R-KY) made the astute observation that Barack Obama is not just skeptical of our Constitution, but also has an alternative model in mind: the South African constitution. That document has been the object of fascination and envy for the American legal left ever since it was negotiated and passed in the mid-1990s, during South Africa’s transition to democracy.
How's that working out for the South Africans, anyway? It's kind of a cesspool over there, isn't it?
"The heart of the wise inclines to the right, but the heart of the fool to the left." - Ecclesiastes 10:2