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"Earlier, the nominee said American judges should not be guided by the laws of other countries in coming to their decisions. "I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.

"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."

The nominee was, at least implicitly, finding fault with the Supreme Court's ruling on March 1 that outlawed the execution of killers who were under 18 at the time of their crimes. That opinion, decided by a 5-4 majority, relied in part on the trend of international opinion against the death penalty, especially for youthful offenders.

But Judge Alito said he saw "a host of practical problems" if American jurists are to look overseas.

"You have to decide which countries you're going to survey," he said. "And then it's often difficult to understand exactly what you are to make of foreign court decisions. All countries don't set up their court systems the same way." Foreign courts may have greater authority, or have policy-making roles, he said.

His testimony today echoed his response to a question on Wednesday, when he said: "We have our own law. We have our own traditions. We have our own precedents. And we should look to that in interpreting our Constitution."

1 posted on 01/11/2006 4:34:48 PM PST by Pikamax
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To: Pikamax

The New York Times is spinning its wheels on this one. I can't see how anyone reading this column could be more opposed to Alito than they were before reading it. They really can't find much to say against him.

I notice they don't even mention the Princeton business.


2 posted on 01/11/2006 4:41:28 PM PST by Cicero (Marcus Tullius)
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To: Pikamax
"We have our own law. We have our own traditions. We have our own precedents. And we should look to that in interpreting our Constitution."

Effin A Alito!

Now Sam, the next time Kennedy implies that you are a bigot, ask him to step outside to discuss it and then knock that fat drunken load right on his ass.

3 posted on 01/11/2006 4:44:03 PM PST by jwalsh07
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To: Pikamax

Judge Alito, WHEN you are confirmed would you please make your first order of bsiness to schedule a little "chat" with Justice Kennedy? I'd suggest Breyer, Ginsburg, Souter and Stevens but doubt they'd listen. Kennedy is more wishy washy which is why the left loves him.


5 posted on 01/11/2006 5:13:48 PM PST by Soul Seeker (Mr. President: It is now time to turn over the money changers' tables.)
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To: Pikamax
"I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.

"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."

Standing up, applauding! Thank you, Judge Alito!

8 posted on 01/11/2006 7:17:36 PM PST by Alia ("Witness" by Whittaker Chambers)
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