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To: DoodleDawg

Really? I had no idea the Supreme Court had quoted foreign law as precedent since its inception.

If you could quote the first case, I’d be much obliged.


30 posted on 03/19/2015 8:05:34 PM PDT by VeniVidiVici ( Better a conservative teabagger than a liberal teabagee)
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To: VeniVidiVici
Really? I had no idea the Supreme Court had quoted foreign law as precedent since its inception.

If you could quote the first case, I’d be much obliged.

It should not be surprising that the Supreme Court might quote British Common Law at the founding of this nation because what else would they have to cite as precedent? But the practice has continued to this day, so instead of the first case I'll give you two more recent quotes from Justice Scalia, certainly no Democrat.

This is Justice Scalia dissenting in Thompson v. Oklahoma:

"The practices of other nations, particularly other democracies, can be relevant to determining whether a practice uniform among our people is not merely an historical accident, but rather so 'implicit in the concept of ordered liberty' that it occupies a place not merely in our mores but, text permitting, in our Constitution as well. See Palko v. Connecticut, 302 U.S. 319, 325 (1937) (Cardozo, J.)."

Here is Justice Scalia again dissenting in Mcintyre v. Ohio Election Commission:

"We might also add to the list on the other side the legislatures of foreign democracies: Australia, Canada, and England, for example, all have prohibitions upon anonymous campaigning. See, e.g., Commonwealth Electoral Act 1918, §328 (Australia); Canada Elections Act, R.S.C., ch. E-2, §261 (1985); Representation of the People Act, 1983, §110 (England)."

31 posted on 03/20/2015 4:00:46 AM PDT by DoodleDawg
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