Keyword: transjudicialism

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  • Save the Koran, burn the Constitution--Justice Breyer sacrifices the 1st Amendment to placate Islam

    09/14/2010 5:07:28 PM PDT · by jazusamo · 43 replies · 1+ views
    The Washington Times ^ | September 14, 2010 | Editorial
    You can't burn a Koran in a crowded theater, and Supreme CourtJustice Stephen Breyer suggests that to placate foreign extremists, Koran burning might be banned everywhere else in America too. In an interview aired Tuesday on ABC's "Good Morning America,"Justice Breyer, who is on tour promoting his new book, averred that in the Internet age, speech traditionally protected by the First Amendment may have to be weighed against its global impact. George Stephanopoulos asked the justice about the canceled Sept. 11 Koran burning proposed by Pastor Terry Jones, and whether the fact that people riot in Afghanistan over what happens...
  • Harvard Law Dean Kagan Replaced Constitution Studies With International Law

    06/01/2010 2:00:15 PM PDT · by Oldeconomybuyer · 12 replies · 631+ views
    The New American ^ | June 1, 2010 | by Joe Wolverton, II
    On May 10, 2010, President Obama nominated Elena Kagan to the Supreme Court to fill the vacancy from the impending retirement of Justice John Paul Stevens at the end of the Supreme Court's 2009–2010 term. A significant entry in the catalog of Ms. Kagan’s remarkable achievements is her deanship of the über-prestigious Harvard Law School. In 2003, she was named, as the school’s first female dean, to succeed Robert C. Clark, who had held that post for over a decade. While manning the helm at Harvard Law, she attracted attention of alumni and observers for steering the ship away from...
  • USSC Nominee Kagan Displays Strong Internationalist Sympathies

    05/16/2010 12:13:45 PM PDT · by markomalley · 4 replies · 208+ views
    C-FAM ^ | 5/13/2010 | Terrence McKeegan, J.D.
         (NEW YORK – C-FAM)  On Monday, President Barack Obama announced the nomination of Elena Kagan to the position of Associate Justice on the United States (US) Supreme Court.  Based on a review of the rather meager writings and public statements by Kagan, a picture still emerges of a liberal activist whose sympathies for foreign law raise serious questions about how she would follow the US Constitution if she is confirmed.      During her Senate confirmation hearings last year to become US Solicitor General (the attorney that represents the US government before the Supreme Court), Kagan was asked about her...
  • GAFFNEY: The questionable Mr. Koh. A transnationalist cannot 'uphold' the Constitution

    04/28/2009 3:24:32 AM PDT · by Scanian · 9 replies · 660+ views
    The Washington Times ^ | April 28, 2009 | Frank J. Gaffney Jr.
    This afternoon, members of the Senate Foreign Relations Committee will have an opportunity to demonstrate why the Framers gave the Senate the constitutional power to confirm presidential appointees. If they fail to exercise that power vigorously with respect to the nomination of Harold Koh to be the top State Department lawyer, they will not only have been derelict. They will be accomplices to an assault on our Constitution that ultimately will result in an unprecedented, and likely permanent, derogation of the Senate's vital role and responsibilities. After all, Mr. Koh is one of the nation's most prominent - and aggressive...
  • OBAMA'S MOST PERILOUS LEGAL PICK

    03/30/2009 1:00:01 PM PDT · by lqcincinnatus · 17 replies · 1,465+ views
    New York Post ^ | March 30, 2009 | MEGHAN CLYNE
    JUDGES should interpret the Constitution according to other nations' legal "norms." Sharia law could apply to disputes in US courts. The United States constitutes an "axis of disobedience" along with North Korea and Saddam-era Iraq. Those are the views of the man on track to become one of the US government's top lawyers: Harold Koh.
  • Democrats Press Alito for Specifics on Abortion(Alito slams Foreign law)

    01/11/2006 4:34:45 PM PST · by Pikamax · 12 replies · 867+ views
    NYTIMES ^ | 01/11/06 | DAVID STOUT
    By DAVID STOUT WASHINGTON, Jan. 11 - Judge Samuel A. Alito Jr., President Bush's nominee for the Supreme Court, sat through another day of high praise from Republicans and sharp skepticism from Democrats today as he cautiously laid out his judicial philosophy - too cautiously in the view of Democrats, who pressed him for his stance on abortion law.
  • Betrayed By The Bench

    02/06/2006 7:26:36 PM PST · by Tailgunner Joe · 14 replies · 901+ views
    Gun Owners of America ^ | Jan 2006 | Larry Pratt
    John Stormer is an amazing author. He has sold over 11 million books. One, None Dare Call It Treason, sold 7 million. That was in 1964 when there was no internet, no faxes, no talk shows for conservatives. Stormer may have been the first to put a coupon in the back of the book for additional orders. So, a new book by John Stormer means we can assume that he has something else to say. Indeed he does. In Betrayed by the Bench, Stormer traces the lawlessness of so many of today's rulings to the revolt against the common law...
  • ACLU's war on American sovereignty

    10/20/2005 8:22:33 PM PDT · by Tailgunner Joe · 26 replies · 851+ views
    WND ^ | October 20, 2005
    Throughout our history, the United States has been a unique nation. We are the only modern nation founded not on a common heritage, ethnicity, outside intervention or mandated religion, but rather a shared set of ideals. These powerful beliefs were outlined in the Declaration of Independence and codified in the U.S. Constitution. From the minutemen at Lexington and Concord to the Marines currently in Afghanistan and Iraq, our armed forces have fought, bled and all too often died to protect these foundational documents and the ideals they contain. The unalienable rights of life, liberty and the pursuit of happiness. Free...
  • Using Foreign Law Is The Real Supreme Court Test

    09/16/2005 8:01:41 AM PDT · by KevinNuPac · 15 replies · 937+ views
    GOPUSA ^ | September 16, 2005 | Kevin Fobbs
    Using Foreign Law Is The Real Supreme Court Test By Kevin Fobbs The Supreme Court may not continue to be the supreme court of the land if the judicial philosophy of Justices Anthony Kennedy, Ruth Bader Ginsberg and Stephen Breyer of using foreign law rulings in adjudicating American cases is permitted to become standard practice by the justices. Even as the confirmation battle rages over the US Senate hearing for D.C. Federal Appeals Court Judge John Robert's bid to become the next chief justice of the U.S. Supreme Court, there is another more pressing battle in our nation's capitol. Unfortunately...
  • Breyer: Attacks Threaten Court Independence

    08/09/2005 6:17:00 PM PDT · by wagglebee · 34 replies · 1,088+ views
    NewsMax ^ | 8/9/05 | AP
    Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence. Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker. "If you say seven or eight or nine members of the Supreme Court feel there's a problem ... you're right," he told the American Bar Association. "It's this edge on a lot of issues." Sen. Lindsey Graham, R-S.C., who was speaking with Breyer, said: "The politics of judges is getting to be red hot."...
  • Foreign Law Is Not Law

    06/28/2005 9:29:06 PM PDT · by quidnunc · 9 replies · 482+ views
    Town Hall ^ | June 29, 2005 | Thomas Sowell [Creators Syndicate]
    One of the ironies of our time is that economists have been discovering the importance of law, as such — as distinguished from the specific merits of particular laws — while judges seem increasingly to be losing sight of the rule of law. "I can hardly imagine any laws so bad, to which I would not rather be subject than to the caprice of a man," John Stuart Mill said more than a century and a half ago. Modern economists usually have in mind the economic advantages to a society of having a framework of known, enduring, and dependable rules...
  • Foreign Law and the U.S. Constitution (One World = One Judicial Opinion = One Constitution??)

    05/31/2005 9:51:31 PM PDT · by bd476 · 2 replies · 604+ views
    Hoover Institution Policy Review ^ | May 31, 2005 | Kenneth Anderson
    Foreign Law and the U.S. Constitution By Kenneth Anderson Kenneth Anderson is professor of law at the Washington College of Law, American University, and a research fellow at the Hoover Institution, Stanford University. Email: kanders@wcl.american.edu. Website: http://kennethandersonlawofwar.blogspot.com. Justice Anthony Kennedy’s majority opinion in Roper v. Simmons,1 which endorsed the use of foreign and international law in U.S. constitutional adjudication, has at least the virtue of putting everyone’s cards on the table. Until that decision was handed down (on March 1, 2005), it remained possible to view the appearance of foreign law in constitutional decisions as nothing more than a minor...
  • Justices argue international law

    04/25/2005 2:56:43 PM PDT · by neverdem · 12 replies · 702+ views
    The Washington Times ^ | April 25, 2005 | Guy Taylor
    The Washington Timeswww.washingtontimes.com Justices argue international lawBy Guy TaylorTHE WASHINGTON TIMESPublished April 25, 2005 Supreme Court Justices Antonin Scalia, Sandra Day O'Connor and Stephen G. Breyer clashed last week over the role of international law and foreign judges at a rare group discussion in Washington.     At the forum, broadcast on C-SPAN television last week, Justice Breyer appeared the most sympathetic to justices citing international law and foreign court decisions, saying the high court is faced with "more and more cases" in which the laws of other countries are relevant.     "Where there is disagreement is how to use the law...
  • DeLay Slams Supreme Court Justice

    04/19/2005 8:37:21 PM PDT · by kingattax · 128 replies · 2,338+ views
    Associated Press ^ | 4-19-2005 | JESSE J. HOLLAND
    WASHINGTON (AP) - House Majority Leader Tom DeLay intensified his criticism of the federal courts on Tuesday, singling out Supreme Court Justice Anthony Kennedy's work from the bench as "incredibly outrageous" because he has relied on international law and done research on the Internet. DeLay said he thought there were a "lot of Republican-appointed judges that are judicial activists." The No. 2 Republican in the House has openly criticized the federal courts since they refused to order the reinsertion of Terri Schiavo's feeding tube. And he pointed to Kennedy as an example of Republican members of the Supreme Court who...
  • Scalia: 'Constitution Not Living Organism'

    04/14/2005 3:03:45 PM PDT · by winner3000 · 37 replies · 3,974+ views
    Newsmax ^ | April 14, 2005 | Carl Limbacher
    The Constitution is not a "living" document that changes with the times U.S. Supreme Court Justice Antonin Scalia says, but is to be interpreted on what the Founding Fathers meant at the time they drafted the Constitution. That's how he determines the meaning of the document he told an audience Monday at Nashville's Vanderbilt University according the Vanderbilt Hustler.com. Story Continues Below "The Constitution is not a living organism," Scalia insisted. Taking a position at odds with current opinion that holds that the Constitution changes in order to meet the needs of a changing society and thus acts as a...
  • Five Justices Shred Constitution To Protect Cold-Blooded Killers

    04/04/2005 11:48:21 AM PDT · by Tailgunner Joe · 13 replies · 852+ views
    Human Events ^ | Mar 4, 2005 | Terence P. Jeffrey
    According to the new interpretation of the Bill of Rights approved by five Supreme Court justices this week, if an al Qaeda terrorist who was 17-years-and-364-days old detonated a dirty bomb in a U.S. city, murdering hundreds of thousands of Americans, no state could execute him. That is because executing any killer under 18--no matter how cold-blooded his crime--would violate America's "evolving standards of decency" and thus is prohibited by the 8th Amendment, which bars "cruel and unusual punishment." So said Justice Anthony Kennedy in Roper v. Simmons, an opinion that Justices John Paul Stevens and David Souter joined, and...
  • The New Age Supreme Court

    03/04/2005 1:54:01 PM PST · by Pendragon_6 · 25 replies · 810+ views
    Human Events Online ^ | 3-4-2005 | David Limbaugh
    Five Justices Shred Constitution To Protect Cold-Blooded KillersThe Supreme Court's decision barring execution of murderers who commit their crime before age 18 as cruel and unusual punishment is not only fundamentally flawed, but also deeply troubling -- for more than just a few reasons. In its 5-4 decision on March 1, the Court decreed that "Juveniles are less mature than adults and, no matter how heinous their crimes, they are not among 'the worst offenders' who deserve to die." While I certainly respect that opinion, I strongly object to the United States Supreme Court presuming to impose it on our...
  • The Magical Kingdom of the Globalized Supreme Court

    04/04/2005 11:42:22 AM PDT · by Tailgunner Joe · 3 replies · 502+ views
    Intellectual Conservative ^ | 27 March 2005 | Carol Turoff
    "Nothing in the Constitution has given them (the federal judges) a right to decide for the Executive, more than the Executive to decide for them…The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch." -- Thomas Jefferson (letter to Abigail Adams, September 11, 1804) Presidents Thomas Jefferson and Ronald Reagan must be tossing and turning a bit. Jefferson, anticipating, with trepidation, activism in the judicial...
  • The law or good ideas? (Walter E. Williams)

    03/30/2005 3:41:00 AM PST · by The Great Yazoo · 32 replies · 978+ views
    Townhall.com ^ | March 30, 2005 | Walter E. Williams
    Here's my question to you: Should we be governed by good ideas? You say, "Williams, what do you mean?" Here's an example: I regularly bike for fun, cardiovascular fitness and, hopefully, for a longer, healthier life. In my opinion, that's a good idea. That being the case, would you deem it proper for Congress to enact legislation requiring Americans to bike regularly or perform some other cardiovascular fitness exercise? What if Congress didn't act on this good idea? Would you deem it proper and acceptable if five out of nine U.S. Supreme Court justices, in the name of "evolving standards"...
  • U.S. Constitution: Made in Jamaica?

    03/18/2005 4:57:53 AM PST · by LowCountryJoe · 7 replies · 707+ views
    Townhall.com ^ | March 18, 2005 | The editors of Townhall.com
    When you want something changed in our country -- when you want a law passed or overturned -- you call Congress. Soon, however, there may be no point. Instead, calls may need to be directed to the most powerful branch of government, the law-making body known as the Supreme Court. Earlier this month in Roper v. Simmons, the Supreme Court reached out and gave America a good old-fashioned smack-upside-the-head when it abolished capital punishment for juvenile offenders. Ruling 5 to 4, the Court declared that it is unconstitutional to sentence anyone to death for a crime he or she committed...
  • Is Relying On Foreign Law An Impeachable Offense?

    03/16/2005 11:19:13 AM PST · by Tailgunner Joe · 117 replies · 2,573+ views
    Eagle Forum ^ | March 16, 2005 | Phyllis Schlafly
    "By what conceivable warrant can nine lawyers presume to be the authoritative conscience of the Nation?" So asked an incredulous Justice Antonin Scalia in response to the latest outrage by the U.S. Supreme Court. Five activist justices (not even nine) just imposed their personal social preference on every American voter, state legislator, congressman, and juror. Adding insult to injury, the supremacist five used foreign laws, "international opinion," and even an unratified treaty to rationalize overturning more than 200 years of American law and history. Justice Anthony Kennedy's majority opinion in Roper v. Simmons is a prime example of liberal judges...
  • Rule of (International) Law: Can foreign courts tell American ones how to do their job?

    02/25/2005 9:09:57 PM PST · by quidnunc · 24 replies · 981+ views
    The Wall Street Journal Opinion Journal ^ | February 26, 2005 | Editorial
    One of the more dangerous fads in Supreme Court jurisprudence of late is something called "international law," in which American laws are measured not just against the Constitution but against the laws of foreign countries. The purpose is to put the U.S. law in what supporters delicately call a "global context." What they really mean is that they can't persuade enough Americans of their views to change U.S. law so they want to persuade judges to do it for them. Among the most ardent supporters of this view are opponents (here and abroad) of the death penalty, who argue that...
  • Full written transcript of Scalia-Breyer debate on foreign law

    02/27/2005 5:44:50 PM PST · by paltz · 11 replies · 18,723+ views
    American University ^ | Jan. 13, 2005
    U.S. ASSOCIATION OF CONSTITUTIONAL LAW DISCUSSION SUBJECT: CONSTITUTIONAL RELEVANCE OF FOREIGN COURT DECISIONS MODERATOR: NORMAN DORSEN, FOUNDER AND PRESIDENT, U.S. ASSOCIATION OF CONSTITUTIONAL LAW PARTICIPANTS: ANTONIN SCALIA, ASSOCIATE JUSTICE, U.S. SUPREME COURT; STEPHEN BREYER, ASSOCIATE JUSTICE, U.S. SUPREME COURT LOCATION: AMERICAN UNIVERSITY, WASHINGTON COLLEGE OF LAW, WASHINGTON, D.C. TIME: 4:10 P.M. EST DATE: THURSDAY, JANUARY 13, 2005 Transcript by:Federal News ServiceWashington, D.C. MR. CLAUDIO GROSSMAN (DEAN, AMERICAN UNIVERSITY WASHINGTON COLLEGE OF LAW): (Off mike) -- it's my pleasure and honor to see all of you here participating in this historic event, a conversation on the relevance of foreign law for...
  • European justice supreme?

    03/04/2005 10:42:55 PM PST · by Former Military Chick · 9 replies · 644+ views
    The Washington Times ^ | March 05, 2005 | Debra J. Saunders
    So now the U.S. Supreme Court is writing decisions based on what Our Betters in Europe think is best. That's what the Big Bench did Tuesday when it issued a 5-4 decision, written by Justice Anthony Kennedy, overturning the death penalty for crimes committed by minors. Let me stipulate. The outcome -- an end to executions of those who committed crimes as minors -- isn't what bothers me here. There is an argument to be made that, as per the Eighth Amendment, it is "cruel and unusual" to execute those convicted of crimes committed when they were minors. Minors, as...
  • European Union: Disaster - A New Evil Empire

    12/02/2004 12:23:16 PM PST · by jb6 · 19 replies · 1,160+ views
    Price of Liberty ^ | 21 June 2004
    The European people don't particularly like this imperial regulatory (read that lawmaking) body to which the laws of their individual nations must conform. The leaders failed to get a "constitution" approved in December, 2003, so in June, 2004, they are meeting again. In Brussels, naturally. This American has always detested Brussels sprouts, but in the spirit of freedom of choice has never considered telling other people that they should dislike those ugly little cabbages. However, Brussels sprouts are probably highly nutritious, at least for some. Brussels, Belgium, has come to symbolize the budding evil empires of the western world. It...
  • World law?

    01/18/2005 9:23:14 PM PST · by 82Marine89 · 8 replies · 556+ views
    PE.com ^ | 1-19-2005 | Editorial
    A judge's opinion in Germany or India or Zimbabwe shouldn't matter when it comes to how an American judge interprets the U.S. Constitution. But a growing body of activist judges believes that world opinion should play a role in how they decide cases. That's a radical - and dangerous - departure from more than two centuries of American constitutional law. It's also anti-democratic, placing the decisions of unelected judges above the deliberations of elected representatives. The job of every judge is to exercise judicial judgment, not impose political preferences. Supreme Court Justices Antonin Scalia and Stephen Breyer on Thursday debated...
  • Does Zimbabwian Law Overrule the Constitution?

    01/13/2005 6:16:20 PM PST · by hipaatwo · 17 replies · 596+ views
    If that seems like a stupid question, you haven't been paying attention. One of the most important contemporary issues is the effort by liberals to interpret our Constitution based on "international opinion," as reflected in court decisions and legislative enactments in other countries. Most Americans naively believe that the Constitution means what it says, and the job of judges in Constitutional litigation is to apply the language of that document to the facts before them. The left has long rejected this "simplistic" view, and has argued that general phrases in the Constitution must be interpreted so as to conform that...
  • High court justices debate foreign rulings [Scalia v Breyer]

    01/14/2005 10:59:40 AM PST · by george wythe · 47 replies · 1,821+ views
    Washington Times ^ | Jan 14 2004
    Two U.S. Supreme Court justices debated whether foreign court rulings should influence their decisions, USA Today reported Friday. Antonin Scalia, appointed by President Reagan, and Stephen Breyer, appointed by President Clinton, debated the issue Thursday at Washington's American University. "We don't have the same moral and legal framework as the rest of the world, and we never have," said Scalia, who opposes looking to foreign rulings to decide U.S. cases. To which Breyer responded: "You can learn something" from foreign countries, adding that it is a matter of "opening your eyes to things that are going on elsewhere."
  • Freedom in Jeopardy: A Case against the EU and Internationalism

    01/16/2005 5:54:13 PM PST · by -=[_Super_Secret_Agent_]=- · 4 replies · 509+ views
    http://www.geocities.com/graymada/CB/jeopardy.html ^ | January 15, 2004 | Darren Andrews
    Freedom brings Happiness All people want to be free. We can only grow and learn to the degree that we are free. We can only know true fulfilment to the degree that we are free. It is only through being free that mankind can reach his potential. In short, we can only be happy to the degree that we are free, for those things which bring us true joy can only be obtained through the use of those faculties which freedom vouchsafes to us; and through experience we know that being forced or coerced is anathema to both the human...
  • On Law: A government of laws

    01/07/2005 2:19:03 PM PST · by Tailgunner Joe · 9 replies · 513+ views
    UPI ^ | January 07, 2005 | Michael Kirkland
    Congress passed the PROTECT Act in 2003, "which among other things reformed the federal criminal laws concerning child abduction and child pornography," Sensenbrenner said. "Among the provisions of the bill were reforms of the federal sentencing guidelines; particularly, reforms correcting abuse by federal judges of downward departure authority." Judges use "downward departure" when they hand down lighter sentences than called for under sentencing guidelines. The act requires that data be kept on individual judges showing how often they use "downward departure." ... Sensenbrenner also attacked what he called the Supreme "Court's increased reliance on foreign laws or judicial proceedings in...
  • Whom Is The Supreme Court Listening To?

    11/14/2004 5:48:17 AM PST · by Tailgunner Joe · 15 replies · 735+ views
    eagleforum.org ^ | Nov. 10, 2004 | Phyllis Schlafly
    Globalism doesn't mean just accepting foreign countries' products and people across our borders. Supreme Court justices are beginning to manifest a curious fascination with foreign legal systems, too. Speaking at Bill Clinton's alma mater on October 26, Justice Sandra Day O'Connor told the Georgetown audience that international law "is vital if judges are to faithfully discharge their duties." She was dedicating Georgetown's new international law center. "International law is a help in our search for a more peaceful world," O'Connor declared in her address, omitting to mention that every attempt to use international law and leagues has been an abysmal...
  • Justice O’Connor’s Remarks Raise Concerns

    11/08/2004 12:48:55 PM PST · by Conservative Coulter Fan · 84 replies · 3,715+ views
    Concerned Women for America ^ | 11/8/2004 | Anne F. Downey, Esq.
    A disturbing trend toward reliance on international law can be seen in the decisions of the U.S. Supreme Court, and recent remarks by Justice Sandra Day O’Connor fuel concerns about this trend. Justice O’Connor, speaking on October 27 at a dedication ceremony for an international law center at Georgetown University in Washington, D.C., hailed this development. “International law has emerged in ways that affect all courts, here and abroad,” she said. “The reason is globalization. Its importance should not be underestimated.” She applauded the increased role, saying: “International law, which is the expression of agreement on some basic principles of...
  • Sandy O'Connor touts global law

    10/29/2004 10:21:46 PM PDT · by w6ai5q37b · 60 replies · 1,168+ views
    AP ^ | October 28, 2004 | Not known
    Published October 28, 2004 ASSOCIATED PRESS Justice Sandra Day O'Connor yesterday extolled the growing role of international law in U.S. courts, saying judges would be negligent if they disregarded its importance in a post-September 11 world of heightened tensions. In a 15-minute speech at Georgetown law school, Justice O'Connor made no mention of the health of Chief Justice William H. Rehnquist, 80, who was hospitalized this week for thyroid cancer and is expected to return to work Monday. Justice O'Connor said the Supreme Court is increasingly taking cases that demand a better understanding of foreign legal systems. A recent example...
  • Global legal trends make waves at high court

    10/23/2004 2:44:37 PM PDT · by Ed Current · 12 replies · 572+ views
    The Christian Science Monitor ^ | October 21, 2004 edition | Warren Richey
    WASHINGTON – A few minutes into the oral argument over the juvenile death penalty last week at the US Supreme Court, Justice Anthony Kennedy posed a question. He wondered whether significant international opposition to juvenile executions should influence how an American justice interprets the Constitution's prohibition against cruel and unusual punishment. "Does that have a bearing on what is unusual?" Justice Kennedy askedThe query was aimed at a government lawyer, but it could have just as well been directed to the court itself.How the court approaches Kennedy's question is important for two reasons. First, it highlights an emerging trend on...
  • PASSING A GLOBAL TEST

    10/15/2004 2:54:31 PM PDT · by swilhelm73 · 5 replies · 439+ views
    NROTC ^ | Andrew Stuttaford
    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 it’s 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...
  • Globalizing the Court

    08/25/2003 9:50:26 AM PDT · by Vindiciae Contra TyrannoSCOTUS · 22 replies · 327+ views
    New American ^ | August 25, 2003 | New American
    In late July and early August, Supreme Court Justices Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, and Clarence Thomas met "with European judges to discuss the new European Constitution," reported the Legal Times. "And most of those five justices are also making other trips this summer to locales such as Luxembourg, Paris, and Salzburg.""In short, another typical summer of international travel for the modern day Supreme Court," continued the report. "But the justices’ wanderlust has taken on extra significance in light of the Court’s newfound interest in invoking the rulings and view of foreign courts and international authorities in its...
  • CAFTA: Stepping Stone to the FTAA

    05/09/2004 2:33:19 PM PDT · by Tailgunner Joe · 31 replies · 386+ views
    New American ^ | May 17, 2004
    On February 20, President Bush officially notified Congress that he intends to sign the recently negotiated Central American Free Trade Agreement (CAFTA). That letter of notification started the clock ticking on the president’s so-called fast track trade negotiating authority, which Congress reauthorized in 2002. Under the fast track rules, the president must give Congress a 90-day notice before signing any trade agreement. That means President Bush could sign CAFTA as early as late May, although he could decide to sign at a later date. Once the president signs the agreement and then formally sends it to Congress, the legislators are...
  • Justice Breyer: U. S. Constitution should be subordinated to international will

    07/07/2003 7:00:07 AM PDT · by mrobison · 579 replies · 10,079+ views
    WorldNetDaily ^ | July 7, 2003
    LAW OF THE LAND Justice: Can Constitution make it in global age? On TV, Breyer wonders whether it will 'fit into governing documents of other nations' Posted: July 7, 2003 1:00 a.m. Eastern © 2003 WorldNetDaily.com In a rare appearance on a television news show, Supreme Court Justice Stephen G. Breyer questioned whether the U.S. Constitution, the oldest governing document in use in the world today, will continue to be relevant in an age of globalism. Speaking with ABC News' "This Week" host George Stephanopoulos and his colleague Justice Sandra Day O'Connor, Breyer took issue with Justice Antonin Scalia, who,...
  • Ginsburg: Int'l law shaped court rulings

    08/03/2003 7:04:18 AM PDT · by kattracks · 113 replies · 1,849+ views
    AP | 8/03/03 | GINA HOLLAND
    WASHINGTON (AP) — The Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, Justice Ruth Bader Ginsburg said Saturday.The justices referred to the findings of foreign courts this summer in their own ruling that states may not punish gay couples for having sex.And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally."Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers...
  • Columnist Farah Addresses "Ruth Bader Ginsburg, the Politician"

    08/15/2003 5:36:09 AM PDT · by Theodore R. · 284+ views
    WND.com ^ | 08-15-03 | Farah, Joseph
    Ginsburg, the politician Posted: August 15, 2003 1:00 a.m. Eastern © 2003 WorldNetDaily.com When Supreme Court Justice Ruth Bader Ginsburg spoke to the American Constitution Society recently, I focused my criticism on the substance of her remarks. I hoped others might join my in my outrage that a sitting U.S. Supreme Court justice might actually suggest that the U.S. judiciary should be influenced by the constitutions and courts of foreign countries. In condescending language undermining the principle of American sovereignty, she said, "our island or lone-ranger mentality is beginning to change." Justices, she said, "are becoming more open to comparative...
  • The Ginsburg Doctrine (SCOTUS influenced by foreign jurisprudence)

    08/10/2003 11:10:38 AM PDT · by quidnunc · 20 replies · 638+ views
    The Arkansas Democrat-Gazette ^ | August 10, 2003 | Bradley R. Gitz
    The biggest story from last week was a speech that didn’t even make the back pages of most newspapers. In an address before a liberal organization called (hopefully facetiously) the American Constitution Society, Supreme Court Justice Ruth Bader Ginsburg, noting the value of foreign jurisprudence in shaping the court’s rulings, argued that it was acceptable to be influenced in decisions by international law and the provisions of the constitutions of other countries. As she so earnestly put it, in reference to the apparently outmoded idea that American judges should apply American law and American law only to the cases before...
  • Impeach Justice Sandra Day O'Connor

    11/04/2003 4:25:10 PM PST · by auggy · 116 replies · 1,579+ views
    The Washington Times ^ | 10-20-03 | Greg Pierce
    Supreme Court Justice Sandra Day O'Connor aborts the U.S. Constitution; impeachable offense? In an unprecedented show of arrogance against America and the United States Constitution, Justice Sandra Day O'Connor said in a speech that she and her colleagues on the Supreme Court are going to increasingly rely on international law rather than looking to the U.S. Constitution , Justice Sandra Day O'Connor said in a speech that she and her colleagues on the Supreme Court are going to increasingly rely on international law rather than looking to the U.S. Constitution as they make their decisions. Disregarding her oath of office...
  • Justice O'Connor: U.S. must rely on foreign law

    10/31/2003 9:32:28 AM PST · by stop_fascism · 83 replies · 1,249+ views
    American courts need to pay more attention to international legal decisions to help create a more favorable impression abroad, said U.S. Supreme Court Justice Sandra Day O'Connor at an awards dinner in Atlanta. Sandra Day O'Connor "The impressions we create in this world are important, and they can leave their mark," O'Connor said, according to the Atlanta Journal-Constitution. The 73-year-old justice and some of her high court colleagues have made similar appeals to foreign law, not only in speeches and interviews, but in some of their legal opinions. Her most recent public remarks came at a dinner Tuesday sponsored by...
  • Insidious judicial activism through foreign laws by David Limbaugh

    11/06/2003 10:45:16 PM PST · by JohnHuang2 · 9 replies · 302+ views
    TownHall.com ^ | Friday, November 7, 2003 | by David Limbaugh
    There has been a lot of talk recently about international law and custom seeping into American constitutional law. Alarmingly, this dangerous idea hasn't just come from pointy-headed academics but from our United States Supreme Court justices. The Atlanta Journal-Constitution reports that Justice Sandra Day O'Connor, in a speech to the Southern Center for International Studies, said that American courts should pay more attention to international court decisions when deciding their own cases. Perhaps because she wasn't speaking to a group of lawyers or students of the Constitution, O'Connor placed an undue emphasis on matters having nothing to do with her...
  • Freep Poll (Should foreign laws supersede Constitution)

    02/13/2004 8:12:53 AM PST · by Tribune7 · 32 replies · 284+ views
    Supreme Court Justices Sandra Day O’Connor and Steve Breyer have implied that foreign law should be considered in determining the constitutionality of American laws. Should our Constitution be superseded by the sensibilities of other nations? No Absolutely Not A judge should be impeached for even considering this
  • Multilateralism Comes to the Courts [Long, but Important]

    03/27/2004 10:04:25 PM PST · by MegaSilver · 4 replies · 1,080+ views
    The Public Interest ^ | Winter 2004 | Ken I. Kersch
    The rulings of the Supreme Court in last spring’s landmark affirmative-action and gayrights cases were less surprising than the reasoning used by some of the Court’s justices. In resolving constitutional questions, the Court routinely relies on arguments appealing to the constitutional text and government structure, to precedent and prudence. In Grutter v. Bollinger, however, which upheld the use of racial preferences in law school admissions, and in Lawrence v. Texas, which struck down Texas’s prohibition on same-sex sodomy, the Court drew an additional arrow from its quiver. Several justices chose to assess the constitutionality of purely domestic civil-rights and civil...
  • Scalia skeptical about international law in U.S. courts

    04/03/2004 5:46:25 PM PST · by FairOpinion · 20 replies · 340+ views
    Marin INdependent Journal ^ | Apr. 3, 2004 | AP
    WASHINGTON - Justice Antonin Scalia said yesterday his colleagues on the Supreme Court will probably go on referring to foreign court decisions in their rulings on U.S. law but that doesn't make it right. Scalia generally opposes a greater role and influence for international law in American courts. While that view made him an unusual choice to speak to the American Society of International Law, Scalia said he welcomes the opportunity to engage his critics. "It is my view that modern foreign legal material can never be relevant to any interpretation of, that is to say, to the meaning of...
  • Supreme Court citing more foreign cases Scalia: Only U.S. views are relevant (Watch Out)

    07/09/2003 7:33:36 PM PDT · by youknow · 41 replies · 1,532+ views
    usatoday.com/ ^ | 07/09/03 | Joan Biskupic
    <p>WASHINGTON -- The Supreme Court's reference to foreign law in a ruling last month that overturned state anti-sodomy statutes stood out as if it were in bold print and capital letters.</p> <p>Writing for the majority in a landmark decision supporting gay civil rights, Justice Anthony Kennedy noted that the European Court of Human Rights and other foreign courts have affirmed the ''rights of homosexual adults to engage in intimate, consensual conduct.''</p>
  • Justices use guidance from foreign courts

    08/03/2003 3:05:07 AM PDT · by sarcasm · 19 replies · 387+ views
    AP ^ | August 3, 2003 | GINA HOLLAND
    WASHINGTON--The Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, Justice Ruth Bader Ginsburg said Saturday. The justices referred to the findings of foreign courts this summer in their ruling that states may not punish gay couples for having sex. And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally. ''Our island or lone ranger mentality is beginning to change,'' Ginsburg told the American Constitution Society, a liberal lawyers group holding its first convention. Justices...
  • Supreme Court internationalists: Farah blasts justices for weighing US law by foreign scales

    08/08/2003 4:44:38 AM PDT · by JohnHuang2 · 11 replies · 511+ views
    WorldNetDaily.com ^ | Friday, August 8, 2003 | Joseph Farah
    As if it weren't bad enough that the U.S. Supreme Court majority pays little heed to the U.S. Constitution, now it is becoming clear five or six members of the court are being influenced by the constitutions and courts of foreign countries. Ruth Bader Ginsburg blew the court's cover in a speech to the American Constitution Society, explaining that her colleagues are looking beyond America's borders for guidance in handling cases on issues like the death penalty and homosexual rights. In a decision earlier this summer in a Texas case in which anti-sodomy laws were overruled, the justices first referred...