Posted on 03/03/2005 6:23:35 AM PST by totherightofu
H. RES. 97 Expressing the sense of the House of Representatives that judicial determinations regarding the meaning of the Constitution of the United States should not be based on judgments, laws, or pronouncements of foreign institutions unless such foreign judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution of the United States.
IN THE HOUSE OF REPRESENTATIVES
February 15, 2005 Mr. FEENEY (for himself, Mr. GOODLATTE, Mr. DELAY, Mr. SENSENBRENNER, Mr. CHABOT, Mr. SMITH of Texas, Mr. CANNON, Mr. KING of Iowa, Mr. BAKER, Mr. HAYWORTH, Mr. CHOCOLA, Mr. JONES of North Carolina, Mr. AKIN, Mr. BARTLETT of Maryland, Mr. PENCE, Mr. WILSON of South Carolina, Mr. WELDON of Florida, Mr. TERRY, Mr. PICKERING, Mr. GARRETT of New Jersey, Mr. PITTS, Mr. FRANKS of Arizona, Mrs. JO ANN DAVIS of Virginia, Mr. BACHUS, Mr. SULLIVAN, Mr. SOUDER, Mr. BOOZMAN, Mr. FORTUN.AE6O, Mr. CANTOR, Mr. DOOLITTLE, Mr. FORBES, Mr. POE, Mr. HOSTETTLER, Mr. CARTER, Ms. GINNY BROWN-WAITE of Florida, Mr. GALLEGLY, Mrs. MUSGRAVE, and Mr. MACK) submitted the following resolution; which was referred to the Committee on the Judiciary
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RESOLUTION Expressing the sense of the House of Representatives that judicial determinations regarding the meaning of the Constitution of the United States should not be based on judgments, laws, or pronouncements of foreign institutions unless such foreign judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution of the United States.
Whereas the Declaration of Independence announced that one of the chief causes of the American Revolution was that King George had `combined to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws';
Whereas the Supreme Court has recently relied on the judgments, laws, or pronouncements of foreign institutions to support its interpretations of the laws of the United States, most recently in Lawrence v. Texas, 123 S.Ct. 2472, 2474 (2003);
Whereas the Supreme Court has stated previously in Printz v. United States, 521 U.S. 898, 921 n.11 (1997), that `We think such comparative analysis inappropriate to the task of interpreting a constitution . . .'
Whereas Americans' ability to live their lives within clear legal boundaries is the foundation of the rule of law, and essential to freedom;
Whereas it is the appropriate judicial role to faithfully interpret the expression of the popular will through the Constitution and laws enacted by duly elected representatives of the American people and our system of checks and balances;
Whereas Americans should not have to look for guidance on how to live their lives from the often contradictory decisions of any of hundreds of other foreign organizations; and
Whereas inappropriate judicial reliance on foreign judgments, laws, or pronouncments threatens the sovereignty of the United States, the separation of powers and the President's and the Senate's treaty-making authority: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives that judicial interpretations regarding the meaning of the Constitution of the United States should not be based in whole or in part on judgments, laws, or pronouncements of foreign institutions unless such foreign judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution of the United States.
Initially introduced by Representative Tom Freeney (R) of Florida last year, the bill was reintroduced in February. Contact your Congressmen to express your support for this bill and urge them to co-sponsor it!!
Mr. Freeney's DC office number is (202) 225-2706.
PERFECT!
cant find the website
Can it be made retroactive?
Great post. Thanks. Bump!
it's just very sad that we actually need a Congressional resolution to tell the SCOTUS that the Constitution, not international opinion, is the basis for our laws.
I think this would have to be a Constitutional amendment not to infringe on the separation of powers. Congress can't tell the Court how to do its job, only the Constitution can.
its Rep Tom FEENEY...he was the Speaker of the Florida House before being elected to congress/
Does it need to be an amendment to the Constitution, or can the Oligargy declare this resolution "un-Constitutional"?
I say "kill all the lawyers" first. Otherwise we will continue to get crap like this. What does it mean?
Not if they are the final word on what they think it says.
Think "penumbras"...
Done! I also e-mailed my Rep here in northern Illinois.
I suggest you re-read Article III section 2 of the Constitution.
here is the right link :
http://thomas.loc.gov/cgi-bin/query/D?c109:11:./temp/~c109pcP7Wg::
This fight been kicking around for a long time, it's about time these MIB were reigned in.
This "sense of the house" amounts to an opinion and is not binding. It does nothing. They should be drafting articles of impeachment. That would actually accomplish something.
check this please :
http://thomas.loc.gov/cgi-bin/query/D?c109:11:./temp/~c109pcP7Wg::
Heard Feeney on with Mark Levin last night...it was a mutual admiration society...
I'm going to e-mail and call my Rep., however, I don't think this resolution will work. It may pass, alright, but it won't work. Only a Constitutional amendment will have the power to make the Supreme Court do anything.
This isn't what needs to happen, though. The Constitution needs to be enforced, not amended. With these justices looking to foreign court rulings, they are by simple fact of law, violating their oath to uphold the Constitution as the supreme rule of law. These justices need to be impeached. Any justice that makes any ruling by looking at a foreign law or court should be removed from the bench.
Congress needs to step up.
Bumping again! Tom Feeney is a great American doing the work of the American people. He took an oath and is standing up for it. Checks & balances bump!
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