Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: totherightofu
unless such foreign judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution of the United States.

I say "kill all the lawyers" first. Otherwise we will continue to get crap like this. What does it mean?

10 posted on 03/03/2005 6:33:15 AM PST by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Publius6961
unless such foreign judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution of the United States.
I say "kill all the lawyers" first. Otherwise we will continue to get crap like this. What does it mean?

To better understand the original meaning of the Constitution, sometimes one must consider earlier laws or court cases. H.R. 97 wouldn't prevent the courts from relying on those older cases/laws, but it would advise against relying on modern foreign laws.

For instance, the authors of our Constitution were familiar with British law at the time, and those British laws must have influenced our laws, so it is reasonable sometimes to cite older explanations, such as William(?) Blackstone's comments on British laws back in the 1700's, to better understand our Constitution. It is unreasonable to cite modern foreign laws because our Constitution does not derive from them and because we don't necessarily consider all the circumstances that influence the applications of the laws in foreign countries.

116 posted on 03/03/2005 3:14:11 PM PST by heleny
[ Post Reply | Private Reply | To 10 | View Replies ]

To: Publius6961
I say "kill all the lawyers" first. Otherwise we will continue to get crap like this. What does it mean?

It means you're not cut out to be a lawyer.

It also means is that Constitution should be interpreted in the context of the legal framework in effect in other countries at the time the Constitution was written. When the Constitution speaks of admiralty and maritime law, they didn't define it.

They were borrowing the concepts from Europe. It's the same with many of the other terms and provisions. What were they thinking of when they chose those words? "Full Faith and Credit" was drawn from British court cases.

119 posted on 03/03/2005 3:33:26 PM PST by Dog Gone
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson