Post by RS Davis on Apr 16, 2004 2:15:07 GMT -5
[glow=red,2,300]Rep. Ron Paul, MD Wrote:[/glow] As Robert Bork explains, six of the nine Supreme Court justices have either written or joined opinions that favorably cited foreign authorities. These justices have considered the European Court of Human Rights, various United Nations conventions, international human rights treaties, and even judicial decisions from India, Jamaica, and Zimbabwe when writing their opinions! Simply put, these justices are making the incredible argument that American federal courts should consider sources other than US law when deciding cases. In the words of one justice, the Court “cannot afford to ignore the rest of the world.”
It’s not hard to see the grave danger posed by this new trend. Anti-gun judges could cite restrictions on gun ownership in other countries approvingly when disregarding our Second amendment. Hate speech laws in other nations could be used as authority to weaken the First amendment. Our wholly domestic tax, labor, environmental, and family laws could be influenced by United Nations edicts, foreign court judgments, and international treaties which have not been ratified by the United States.
The US Constitution is the supreme law of the land in America. Congress needs to exercise its constitutional power over federal courts and send judges a strong message that Americans will be governed by American law only. I recently introduced legislation that forbids the Supreme Court and lower federal courts from citing any foreign or international laws, rules, policies, or court decisions as authority for their opinions. Federal judges take an oath of office promising to decide cases in accordance with the Constitution and US federal law. Those judges who insist on considering foreign law and foreign opinions should be removed from their positions for violating that oath, pure and simple. Justice Scalia warns that “Day by day, case by case, the Court is busy designing a Constitution for a country I do not recognize.” Congress needs to act quickly before Mr. Scalia’s fears are fully realized.
It’s not hard to see the grave danger posed by this new trend. Anti-gun judges could cite restrictions on gun ownership in other countries approvingly when disregarding our Second amendment. Hate speech laws in other nations could be used as authority to weaken the First amendment. Our wholly domestic tax, labor, environmental, and family laws could be influenced by United Nations edicts, foreign court judgments, and international treaties which have not been ratified by the United States.
The US Constitution is the supreme law of the land in America. Congress needs to exercise its constitutional power over federal courts and send judges a strong message that Americans will be governed by American law only. I recently introduced legislation that forbids the Supreme Court and lower federal courts from citing any foreign or international laws, rules, policies, or court decisions as authority for their opinions. Federal judges take an oath of office promising to decide cases in accordance with the Constitution and US federal law. Those judges who insist on considering foreign law and foreign opinions should be removed from their positions for violating that oath, pure and simple. Justice Scalia warns that “Day by day, case by case, the Court is busy designing a Constitution for a country I do not recognize.” Congress needs to act quickly before Mr. Scalia’s fears are fully realized.
- Rick
