Ginsburg’s Right, U.S. Constitution Is a Bad Model: Noah Feldman

Feb. 13 (Bloomberg) -- U.S. Supreme Court Justice FelixFrankfurter had a close shave with public embarrassment recently-- which might seem impossible for a man who has been dead foralmost 33 years.

Here’s why: In the late 1940s, Frankfurter advised B.N.Rau, the chief draftsman of the Indian Constitution, not toinclude a due process clause such as the one that the U.S.Constitution cribbed from Magna Carta. The concept was viewed asan inspiring-yet-vague term that had plagued arguments of theU.S. Supreme Court for two generations. Rau listened, omittingthe clause, which had previously enjoyed support from the otherdrafters, and India was better for it.