Skip to comments.PASSING A GLOBAL TEST
Posted on 10/15/2004 2:54:31 PM PDT by swilhelm73
Today the Supreme Court will be looking at whether the death penalty for juveniles (in effect, 16 and 17 year olds) is constitutional. For what its worth, I think that such a punishment is both constitutional and wrong. I also think that this is something for Americans and Americans alone - to decide. A number of foreign countries appear not entirely to agree. According to the New York Sun the governments of 48 countries have submitted a brief to the Supreme Court in support of the argument that the death penalty under these circumstances is unconstitutional. These countries are entitled to their opinion. They are not or should not be entitled to intervene in telling the US how to interpret its constitution. The Supreme Court should throw out their brief with prejudice, insult and all manner of lofty disdain, and, until these 48 countries learn to mind their own business, the US should, as a matter of course, start intervening in their legal proceedings.
48 countries would not have gone to the trouble of filing briefs with our highest court unless they were assured that our Judiciary would be receptive to their ideas.
The justices on the Supreme Court have been incrementally changing our constitution for years, and much of their opinions have been in line with European thinking. It's no secret that some SC justices have been in Europe discussing legal procedures with an eye to including some of it into their opinions.
It should come as no surprise then that foreign justices would take time to "suggest" a European course of action in a question of constitutional law that should be totally American.
"I suspect," O'Connor said, according to the Atlanta daily, "that over time we will rely increasingly, or take notice at least increasingly, on international and foreign courts in examining domestic issues."
Is there a lawyer in the house, so to speak?
How can a foreign power be allowed to submit an amicus brief, assuming that they are "participating" via such filings?
They are not party to the action, are they? ? ?
At least he's batting .500. And, he's right about us rejecting foreign interference or examples.