By Noah Feldman
U.S. Supreme Court Justice Felix Frankfurter had a close shave with public embarrassment recently — which might seem impossible for a man who has been dead for almost 33 years.
Here’s why: In the late 1940s, Frankfurter advised B.N. Rau, the chief draftsman of the Indian Constitution, not to include a due process clause such as the one that the U.S. Constitution cribbed from Magna Carta. The concept was viewed as an inspiring-yet-vague term that had plagued arguments of the U.S. Supreme Court for two generations. Rau listened, omitting the clause, which had previously enjoyed support from the other drafters, and India was better for it.
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[CAF Note: The attack poodles are being paid big bucks to lay down the propaganda that will ease the way for the tearing up of the Constitution after the election – don’t believe a word of it. Here is the latest poison pen…]
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