Thomas Sowell: "Who Needs Europe?"

Wall Street Journal ^ | Aug 25, 2003 | Thomas Sowell

[The Raven]

Despite many complaints about foreign imports, there has been little complaint, or even comment, over the importing of foreign law into American court cases. In recent years, opinions in several U.S. Supreme Court cases have included arguments from foreign court decisions. This has been done by Justices Anthony Kennedy, Steven Breyer and John Paul Stevens. But the only people who seem to have noticed it, much less criticized it, are Justices Clarence Thomas and Antonin Scalia.

[The Raven]

Mr. Sowell is a senior fellow at the Hoover Institution

[samtheman]

several U.S. Supreme Court cases have included arguments from foreign court decisions

Which cases? What foreign arguments? I wasn't aware of this.

[goldstategop]

I keep thinking of William Bennett's famous observation to the effect that Europe may be able to teach America a lot about haute couture and gourmet cuisine but on matters of morality, America has a lot to teach Europe.

[Wonder Warthog]

"The two bloodiest and most ghastly wars in human history began in 20th century Europe. So did the most insane, mass-murdering ideologies in history -- Nazism and Communism."

Sowell gives a clear and succinct summation to the problem, but he then makes one error in the article:

"Those nations, such as France, that cannot get over the loss of their former great power status may try to compensate by being a great nuisance."

May try?????? I think the situation is well past "may try".

[Jack Wilson]

The recent pro-sodomy ruling cited European law.

[Lonesome in Massachussets]

Thomas Sowell says it better than I ever could.

[Non-Sequitur]

Who needs Europe? Apparently we do, seeing as how we're asking for troops to help out in the Iraq quagmire.

[samtheman]

Disgusting.

We need a constitutional convention.

[prairiebreeze]

Eric Hoffer was/is one smart cookie.

Prairie

[ml/nj]

We need a constitutional convention.

"We" may need a constitutional convention, but "we" will be greatly outnumbered by the legions of Jesse Jackson, Cynthia McKinney, The Swimmer, The Great Stainmaker, and the Commodities Scam Queen. Sowell would never be allowed to participate and Madison is dead.

ML/NJ

[marktwain]

We have the same problem within the States as well. State supreme courts often use case law from other states, with different constitutions and histories, to justify decisions that go contrary to the constitution of the state that they are in.

[LibKill]

As usual Sowell is right. We have more than enough bad law of our own making without importing any.

[white trash redneck]

Too bad Sowell doesn't get the exposure that Jesse Jackson enjoys.

[Noachian]

There are no specifics as to what cases foreign law was introduced into the High Court's opinions, but I don't doubt that it happened - more than once. News of what Sowell is writing about has been circulating in the media for some time now.

American law has plenty of precedents for the unelected High Court Justices to state opinions on any matter that comes before it without having to rely on foreign law. The only reason for the High Court Justices to seek out alien precedents (presumably socialistic) can have nothing to do with law, but it can have a great deal to do with Socialist ideology.

When High Court Justices foresake the Constitution as the sole guide for their opinions, and substitute precedents from cultures alien to the American justice system, those justices have foresaken their vows to uphold and defend the Constitution of the United States.

That these unelected Justices do this openly and with the arrogance of those unaccountable to no one is a slap in the face to the American people in general and the American Congress specifically.

How many more decisions based on socialist doctrine will the High Court foist on American society, while Congress looks the other way, before the people take matters into their own hands and amend the Constitution to elect the High Court Justices? How far down the socialist path must America go while waiting for a sheepish Congress to use its authority to regulate the Court?

The unelected High Court has been given power without accountablity. Power corrupts. Absolute power corrupts absolutely.

[Tom Bombadil]

Eric Hoffer was/is one smart cookie.

I believe he was and that he also was a union longshorman in San Francisco. I could be wrong because I am remembering this from the 60's.

[Tax-chick]

BTTT - greatest living American thinker, Thomas Sowell!

[PGalt]

Great article, thanks for posting it.

[DM1]

The recent opinion by the supreme court regarding homosexual rights was the one that most sticks in my mind which applies foreign laws to the US.

[CGVet58]

"...Mr. Sowell is a senior fellow at the Hoover Institution..."

and one of America's Best & Brightest minds!

CGVet58