Posted on 03/28/2005 6:33:09 AM PST by odoso
WASHINGTON - The Supreme Court will consider today whether American courts are bound by the decisions of the International Court of Justice, a tribunal created by the United Nations and based in The Hague. Senator Cornyn, a Republican of Texas, cited today's case as one impetus for the introduction last week of a resolution in the Senate that would instruct federal courts to avoid looking to international and foreign law when interpreting the federal Constitution. Mr. Cornyn filed one of many friend-of-the court briefs in the case, arguing that the Constitution reserves the power of judicial review to federal judges, and not to "super-supreme courts." The International Court of Justice "suffers from the very evils that the Framers sought to protect the federal judicial system" from; because the judges are elected by the General Assembly and the Security Council of the United Nations, they are apt to "curry favor" with a majority of members of the U.N., he argued. The dispute arises out of an appeal by a Mexican national, Jose Ernesto Medellin, who was sentenced to death by Texas in 1994 for the violent rape and murder of two teenage girls. "There is a serious risk ... that the Court will ignore Texas law, ignore U.S. law, and ignore the U.S. Constitution, and decide in effect that the decisions of the U.S. Supreme Court can be overruled by the International Court of Justice," Mr. Cornyn said in a statement. "I am concerned about this trend. Step by step, with every case, the American people may be losing their ability to determine what their criminal laws shall be - losing control to the control of foreign courts and foreign governments," Mr. Cornyn added.
(Excerpt) Read more at nysun.com ...
What a silly question... :-)
Of course you're all alone! The rest of us don't want to be held in contempt of court.... /sarcasm
Eheh, sometimes I just kill myself.
"... that would instruct federal courts to avoid looking to international and foreign law when interpreting the federal Constitution"
Good heavens! They NEED an instruction to do that???
What happened to WE the PEOPLE, and OUR constitution?
Do the Dutch, the Belgians, the French, the Moroccans,
all have a say in interpreting our constitution???
Have are judges gone totally loony???
If they rule in favor of the Hague, I say we begin impeachment proceedings.
The future of America will be decided soon by 9 non-elected judges.
I predict, based on the USSC's propensity for following international law, that the Second American Revolution begins shortly thereafter.
I think the Supreme Court's decision on the death penalty for teenaged murders could indicate how they think of "International Law". They love it.
Uh, YAAAAAA, I have a major problem with that!
Most Americans care more about "American Idol" than they care about American Jurisprudence.
Did anybody but me look in the Constitution to see where it gives "judicial review" powers to federal judges?
If Cornyn is going to talk about the Constitution he doesn't seem to know his subject very well.
These judges took an oath to uphold OUR Constitution.
BUMP BUMP BUMP BUMP BUMP BUMP!
I don't know. I don't know all of the ins and outs of this treaty. If we have signed a treaty and agreed to comply with international law, then we should honor our promise. I realize a lot of people disagree, but I think it's important that we keep our word, especially since we demand the same of other nations who sign these types of treaties. If we do not wish to be bound by such promises, then we shouldn't make them.
So did the Senate, the House and the President.
Oaths are worthless these days.
Just "which" Constitution is that?
The Supreme Court has unconstitutionally changed our Constitution almost on a yearly basis.
In this respect there have been many Constitutions, so it's not facetious to ask: "Which Constitution is OUR Constitution?"
I would remind you that during our revolution..the country was divided about in 3rd's. 1/3 of the people were dead set against kicking the British out, 1/3 were for it and 1/3 didn't care..they were watching the equivalent of American Idol in 1776.....and only about 10% took an active part....
treaties are not absolutes. In fact ALL treaties have out clauses. (the french are NOTORIOUS for making treaties an breaking them in the nuance.)
Even to the extent of destroying our Freedoms and Rights?
Do you seriously think that America would continue to be America if we take the path of European Socialism?
Someone once said that: "The Constitution wasn't a suicide document". I agree.
The Supreme Court probably won't go for this, as it eats at their power. But the Supreme Court is active in inacting most international law by judicial fiat.
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