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To: Pyro7480

I agree, but Scalia still cites to British law when determining constitutional issues.

My point of all this is that citing to foreign law isn't the horror that people make it out to be. Should it be binding? No. Should it be considered? Sure.


605 posted on 03/01/2005 10:36:45 AM PST by Publius Valerius
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To: Publius Valerius; Pyro7480
I agree, but Scalia still cites to British law when determining constitutional issues.

Not quite true. Scalia only cites to English common law when the phrasing in the Constitution derives from same, ie: due process.

Big difference.

He does like Blackstone though, I'll give you that. But he doesn't consider the mores of other nations whne interpreting the Constitution. That is the crux of the matter.

615 posted on 03/01/2005 10:45:15 AM PST by jwalsh07
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To: Publius Valerius

Scalia cites to English common law extant as of the date the US declared its independence, because that common law was carried forward by the new American nation. In a word, it became American common law.


664 posted on 03/01/2005 11:53:07 AM PST by Torie
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