Foreign Law and the U.S. Constitution By Kenneth Anderson Kenneth Anderson is professor of law at the Washington College of Law, American University, and a research fellow at the Hoover Institution, Stanford University. Email: kanders@wcl.american.edu. Website: http://kennethandersonlawofwar.blogspot.com. Justice Anthony Kennedy’s majority opinion in Roper v. Simmons,1 which endorsed the use of foreign and international law in U.S. constitutional adjudication, has at least the virtue of putting everyone’s cards on the table. Until that decision was handed down (on March 1, 2005), it remained possible to view the appearance of foreign law in constitutional decisions as nothing more than a minor...