BigBadBrian
10-03-2005, 03:40 PM
Should the U.S. Supreme Court -- or ANY U.S. court -- use foreign law to interpret the U.S. Constitution?
As you know, they already have. To date at least six Justices have cited foreign law in written opinions. With increasing frequency the Supreme Court looks to constitutions, law, and trends of foreign countries when examining cases.
With last week's Senate confirmation of John Roberts as the next Chief Justice of the Supreme Court, and today's nomination of Harriet Miers to be Justice Sandra Day O'Connor's replacement, the timing of this national civics debate couldn't be more appropriate. How justices choose to interpret the Constitution and its original intent should be central to this discussion.
During his confirmation hearing, John Roberts said it best when characterizing the cherry-picking of foreign law to interpret the United States Constitution as "a misuse of precedent."
Article VI of the U.S. Constitution clearly provides in the Supremacy Clause, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; And all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land."
As Rep. Tom Feeney (R-FL) has noted, "The U.S. Constitution exemplifies our nation's independence from foreign law and precedent. The Supreme Court's increasing tendency to reference foreign law rather than the original intent of the Constitution jeopardizes the sovereignty of our nation. The American people have not authorized through Congress or through a constitutional amendment the use of foreign laws to establish new law or deny rights here in the United States."
Rep. Feeney, along with Rep. Bob Goodlatte (R-VA), has introduced the "Reaffirmation of American Independence Resolution" (H. Res. 97) to take a strong stand against this new -- and dangerous trend. But this resolution needs a LOT more co-sponsors to guarantee it will get to a vote in front of the whole House -- and that it will pass.
We need to DEMAND that our Representatives (Republican AND Democrat) sign up as co-sponsors of this bill -- and that they support it all the way through passage.
TAKE ACTION: The Feeney/Goodlatte Resolution (H. Res. 97) currently has 67 co-sponsors, including the House Constitution Subcommittee Chairman Chabot and 14 other Members of the House Judiciary Committee. The resolution states:
"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."
This resolution affirms the sense of Congress that judicial decisions interpreting the U.S. Constitution should not be based on any foreign laws, court decisions, or pronouncements of foreign governments unless they are expressly approved by Congress. Click "Go!" above NOW to send a FREE message to YOUR Congressman, asking him or her to sign up as a co-sponsor of H. Res. 97, and to support it all the way through passage.
NOTE: Be sure to forward this message to EVERYONE you know who wants to help STOP courts from using foreign law to interpret the U.S. Constitution. Thank you!
Link (http://capwiz.com/sicminc/issues/alert/?alertid=8078481&type=CO)
As you know, they already have. To date at least six Justices have cited foreign law in written opinions. With increasing frequency the Supreme Court looks to constitutions, law, and trends of foreign countries when examining cases.
With last week's Senate confirmation of John Roberts as the next Chief Justice of the Supreme Court, and today's nomination of Harriet Miers to be Justice Sandra Day O'Connor's replacement, the timing of this national civics debate couldn't be more appropriate. How justices choose to interpret the Constitution and its original intent should be central to this discussion.
During his confirmation hearing, John Roberts said it best when characterizing the cherry-picking of foreign law to interpret the United States Constitution as "a misuse of precedent."
Article VI of the U.S. Constitution clearly provides in the Supremacy Clause, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; And all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land."
As Rep. Tom Feeney (R-FL) has noted, "The U.S. Constitution exemplifies our nation's independence from foreign law and precedent. The Supreme Court's increasing tendency to reference foreign law rather than the original intent of the Constitution jeopardizes the sovereignty of our nation. The American people have not authorized through Congress or through a constitutional amendment the use of foreign laws to establish new law or deny rights here in the United States."
Rep. Feeney, along with Rep. Bob Goodlatte (R-VA), has introduced the "Reaffirmation of American Independence Resolution" (H. Res. 97) to take a strong stand against this new -- and dangerous trend. But this resolution needs a LOT more co-sponsors to guarantee it will get to a vote in front of the whole House -- and that it will pass.
We need to DEMAND that our Representatives (Republican AND Democrat) sign up as co-sponsors of this bill -- and that they support it all the way through passage.
TAKE ACTION: The Feeney/Goodlatte Resolution (H. Res. 97) currently has 67 co-sponsors, including the House Constitution Subcommittee Chairman Chabot and 14 other Members of the House Judiciary Committee. The resolution states:
"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."
This resolution affirms the sense of Congress that judicial decisions interpreting the U.S. Constitution should not be based on any foreign laws, court decisions, or pronouncements of foreign governments unless they are expressly approved by Congress. Click "Go!" above NOW to send a FREE message to YOUR Congressman, asking him or her to sign up as a co-sponsor of H. Res. 97, and to support it all the way through passage.
NOTE: Be sure to forward this message to EVERYONE you know who wants to help STOP courts from using foreign law to interpret the U.S. Constitution. Thank you!
Link (http://capwiz.com/sicminc/issues/alert/?alertid=8078481&type=CO)