Posted on 03/21/2005 10:55:19 AM PST by quidnunc
A new front is emerging in political battles over American judges: the invocation of foreign law in U.S. court decisions.
The Supreme Court occasionally has cited foreign jurisprudence in interpreting constitutional terms such as "cruel and unusual" and "due process." American conservatives are stepping up criticism of the practice, seeing such reasoning as a backdoor to import liberal European ideas into American law.
"They are basing in part their decisions on the fads, the cultural environment, the laws, the constitutions and the biases of foreigners," says Rep. Tom Feeney, a Florida Republican who is sponsoring a House resolution that would declare "inappropriate judicial reliance" on foreign sources a threat to "the sovereignty of the United States, the separation of powers and the president's and the Senate's treaty-making authority." The same proposal last year drew 73 co-sponsors — all Republicans — but never reached a vote. Today, Sen. John Cornyn, a Texas Republican on the Judiciary Committee, is expected to introduce a similar measure in the Senate.
The resolutions are nonbinding, but they could have a direct effect on judicial confirmations. Some senators suggest they will screen nominees — especially for the Supreme Court — for the weight they give to foreign jurisprudence, along with other hot-button issues like abortion and same-sex marriage.
"It is important for us in Congress to begin to assert ourselves with regard to the disturbing tendency of the court to issue opinions based on what they define to be international opinion," Republican Sen. Jeff Sessions of Alabama, a committee member, said in a radio interview this month.
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(Excerpt) Read more at online.wsj.com ...
"Some Conservatives Worry That Jurists Too Often Cite International Precedents"
It ought to be EVERY RED-BLOODED AMERICAN CITIZEN who should not only be Worried - but Infuriated!!!
The Congress doesn't have to pass nonbinding resolutions. They have the authority to order the court to cite only American law in it's decisions and if they defy this, then such decisions shall be null and void and need not be obeyed by the lower courts and the states.
ping
While I support this sentiment, we did borrow most of our common law from British case law.
Good. Elected representatives should rule under our Constitution, not the most left-wing European country or UN NGO.
Meaning never, under any circumstances whatsoever?
(By the by, the word "cite" means to use something as a reference or an example. It doesn't mean to transplant something whole cloth.)
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...and if they defy this, then such decisions shall be null and void and need not be obeyed by the lower courts and the states.
IOW, nullification a la 1831 South Carolina.
I would say in all cases whatsoever yes. I can think of no circumstance where anything other than American law should be used. Supreme Court justices' power cannot supercede the document that created them.
Thought I was using cite correctly, but I assume you know how I meant it: use as precedent, etc.
Don't know what IOW means but the nullification controversy is not a parallel situation. Congress represents the people and holds all power over the courts. Congress would not be "nullifying" a Supreme Court decision.
a package of 34 treaties, all of which were ratified by a show of hands -- no recorded vote.
http://www.freerepublic.com/forum/a3a325b3f5d31.htm
Annan in historic meeting with Supreme Court &Congress/is believed to be unprecedented.
http://www.freerepublic.com/forum/a3b0c30a81760.htm
yah but they can impeach the rotten commie SOB SCOTUS judges.
If the right people are appointed to the bench, they will make the right decisions no matter if there is a constitution or not.
If the wrong people are apointed to the bench they will rule as they wish no matter what the Constitution says.
Scotus is supreme among courts, not superior to the exec and Congress. The individuals of all three branches swore to defend the Consitution. It is their duty. If Congress wasn't half socialist and the other half scared of their shadow we might have a chance to rein in the petty despots known as judges. So, yeah we're probably $crewed.
That says it all right there. If they really gave a damn, Congress would be issuing articles of impeachment. This is doing nothing but helping them write their fundraising letters.
Many generations ago my ancestors, and probably yours as well, risked everything to leave Europe for America. Contemporary Eurotrash socialism shows the wisdom of my ancestor's choice.
The problem now is, where do we go from here? There's nowhere left!
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