If you all take the time to read the article, the link being in Lee's post above, you'd see that the Supreme Court justices have a history of looking to foreign courts to help them understand their judicial responsibilities. |
But the Article also states that recently it has become more common and foreign laws are used differently, no longer are foreign laws just used for international trade agreements (where there is no US federal laws) on the subject, but dealing with social issues where there are US laws on the books:
“When it comes to interpreting treaties or settling international business disputes, the Court has always looked to the laws of other countries, and the practice has not been particularly controversial,” says Norman Dorsen, a professor at New York University Law School. However, beginning in the late nineteen-nineties, the Court’s more liberal members began citing foreign sources to help interpret the Constitution on basic questions of individual liberties—for which the laws of foreign democracies tend to be more progressive than those at home.by: Jeffery Toobin of The New Yorker.
I guess it's a matter of interpretation wherein a SCOTUS justice is actually writing laws based on foreign court systems or just looking to those courts for help in understanding their responsibilities. |
That is the main problem, judges don't write laws. These are the people who enforce the constitution, not write it, and when they do start writing the constitution we may as well start calling them the
Polit Bureau (i.e. appointed by the parties, yet saying what the country can do.)
The one case that comes to mind, in particular, is the constitutionality of sentencing a juvenile offender to death. I do not think it's really in the Constitution one way or the other, and such a sentence is one of morality rather than legal responsibility. And again, I applaud those judges who based that decision on the merits of the case. In fact, how can any society with concience put a juvenile offender to death? |
Here is where the justices did not follow the constitution and used foreign law. Why you may ask?
Amendment X - Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
If something is not in the Constitution or a Federal law then it is the States laws that will be used. The State in this case did have a law stating that a juvenile could face death.
It's beyond reprehensible, and the US was the last of the western civilizations to undertake such barbarism. |
Then maybe we are not a western civilization, and really the American civilization. I don't want a judge using their morals (just like you don't want an extremely religious judge using his) to make laws, I want them to use the morals of those laws enacted by the people. If you don’t like a law, use you right to vote in order to change it.
My idea of a Constitutional judge is one who doesn't interpret the Constitution in a manner that would remove our rights, as American citizens |
But that's just it, you are removing the right of the American people to make a law by ballot or elect those who write the laws (at the local level, if not the Federal level). What judges you like are those who will use laws from other countries and ignore those laws enacted by the American people (local or Federal), just because they are more moral in the Judges opinion.
While you think this is some how protecting the peoples rights, what your really advocating is the removing the right of the American people to create their own laws, even if those laws are barbaric.
I see where you are coming from, while you think protecting one individual’s rights are the highest priority, I find that protecting every American’s right to govern themselves more important. When nine people in black robes start telling me (and voters in the US) that we will us another countries laws, because in their opinion it is more moral then those we enacted, I get scared as hell.