Is Relying On Foreign Law An Impeachable Offense?

Eagle Forum ^ | March 16, 2005 | Phyllis Schlafly

[muawiyah]

I think bringing foreign laws into play in an American court is actually a capital offense.

[Dead Corpse]

Is Relying On Foreign Law An Impeachable Offense?

IMO, yes. It clearly violates their oath to uphold OUR Constitution and it's principles in favor of foreign principles.

[Arthur Wildfire! March]

"Is Relying On Foreign Law An Impeachable Offense?"

Nah. Let's bring in Spartan law. Then everyone gets mad.

[Arthur Wildfire! March]

Seriously, yes it's impeachable. Foreign law could result theoretically into manditory abortion, like in China.

[agere_contra]

Phyllis, Phyllis, what you don't understand is that the Court is supposed to have total power over policy, not just legal interpretation. The framers intended America to be run by judicial fiat, not as a representative republic. I'm sure it says so in the Constitution somewhere. Or in 17th century Scottish tort law, or maybe in le code napoleon, or ...

[jwalsh07]

They are bound to obey the Supreme Law of the land, the Constitution and the laws, presumably constitutional, that Congress approves.

They have violated the oath and should be removed for cause. But they won't be.

[CondorFlight]

Hey, we have a democracy in which instead of 100 million people, only 9 lawyers are allowed to vote. Live with it.

[SouthernBoyupNorth]

If we are going to enact foreign laws in this country than lets castrate rapists and take the hands of thieves and gouge out eyes of spies. Lets do public caning and hanging while we are at it.

[mrsmith]

Sure, it's required even. I'm surprised Ron Paul hasn't introduced a bill to do so. I like when he does things like that.

[Piquaboy]

That is why they are called the Supreme. We out here in the hinderland are just taking up space.

[BikerNYC]

They are bound to obey the Supreme Law of the land, the Constitution and the laws, presumably constitutional, that Congress approves.

And treaties.

[TChris]

It clearly violates their oath to uphold OUR Constitution and it's principles in favor of foreign principles.

Absolutely! It also illustrates that this oath means nothing to the activist Supreme Court Justice. The promise to uphold the Constitution has become just so much symbolic rhetoric to them, and with that, their honor has vanished.

[adorno]

Can a supreme court ruling be overturned as unconstitional because it violates our constitution? If so, is there a higher power above the supreme court that could/would issue such a ruling?

I believe the only way to overturn a ruling by the supreme court is to bring up s similar matter again in a separate case.

[drt1]

While I am strongly against relying upon or implementing any foreign laws into our Legal System it is not all bad in some carefully selected instances. See link:

http://www.foxnews.com/story/0,2933,150589,00.html

[etcetera]

If the Supreme court makes a decision that is unconstitutional, who calls them on that?

[Blood of Tyrants]

Yes, they have violated their oath. But as you say, they will not be impeached. I doubt that a single one of the 435 representatives gave more than 5 seconds thought of actually introducing a bill of impeachment in the House.

[ndt]

Foreign laws like ancient Hebrew laws? Yes I do think it is a bad idea.

[nyg4168]

"The practices of other nations, particularly other democracies, can be relevant to determining whether a practice uniform among our people is not merely a historical accident, but rather 'so implicit in the concept of ordered liberty' that it occupies a place not merely in our mores but, text permitting, in our Constitution as well." -- Justice Scalia, Thompson v. Oklahoma 487 U.S. at 868 n.4 (1988)

"[N]ow that constitutional law is solidly grounded in so many countries, it is time that the United States courts begin looking to the decisions of other constitutional courts to aid in their own deliberative process." -- Chief Justice Rhenquist, "Constitutional Courts - Comparative Remarks" (1989)

[seawolf101]

I agree with you. If we are going to start enforcing foreign laws in the United States of America why should THEY get to choose which foreign laws are to be enforced!!!