Role of foreign judgements in interpreting American la
An interesting hearing is being held in a half hour in Rayburn-2141 on the House side of the Hill by the Judiciary Committee's Subcommittee on the Constitution regarding the appropriate role of foreign judgements in the interpretation of American law.
[UPDATE: Live webcast available here.]
[UDPATE TO THE UPDATE: Ranking member Nadler is having a hissy fit in the form of an opening statement. This is great television ladies and gents!]
Antonin Scalia got hammered by liberals last fall when he said, "Acknowledgement of foreign approval has no place in the legal opinion of this court."
I believe that it's our nation's constitution that must be followed, not some international document (though we must abide by international treaties and agreements to which we are a party). American laws and court decisions are based on the American constitution and while some nations might have different laws on certain issues i.e. gay marriage, the death penalty, abortion etc., that is not our judiciary's concern. So long as the laws in our nation are different than laws in other nations, we should not be considering foreign rulings when deliberating cases here at home.
UPDATE: Minutes after posting the above, I was directed to JCN's masterful new ad which just so happens to be on this topic. I updated the line on Scalia above to include the quote I had in mind (which is quoted in the ad).
Side point: why in the world was Rep. Gary Ackerman (D-NY) having lunch with the Indian Prime Minister today?
[UPDATE: Live webcast available here.]
[UDPATE TO THE UPDATE: Ranking member Nadler is having a hissy fit in the form of an opening statement. This is great television ladies and gents!]
Antonin Scalia got hammered by liberals last fall when he said, "Acknowledgement of foreign approval has no place in the legal opinion of this court."
I believe that it's our nation's constitution that must be followed, not some international document (though we must abide by international treaties and agreements to which we are a party). American laws and court decisions are based on the American constitution and while some nations might have different laws on certain issues i.e. gay marriage, the death penalty, abortion etc., that is not our judiciary's concern. So long as the laws in our nation are different than laws in other nations, we should not be considering foreign rulings when deliberating cases here at home.
UPDATE: Minutes after posting the above, I was directed to JCN's masterful new ad which just so happens to be on this topic. I updated the line on Scalia above to include the quote I had in mind (which is quoted in the ad).
Side point: why in the world was Rep. Gary Ackerman (D-NY) having lunch with the Indian Prime Minister today?
posted by Michael at 3:29 PM
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