Foreign Legal Precedents
I am troubled by a growing tendency to rely on the laws and judicial decisions of foreign nations in interpreting the United States Constitution. This is problematic for at least two reasons.
First, it is anti-democratic. Foreign judges and legislators are not accountable to the American people. If our courts rely on a foreign judge’s opinion or a foreign legislature’s enactment, then that foreign judge or legislature binds us on key constitutional issues.
Second, reliance on foreign law in constitutional interpretation is unworkable …… Chief Justice Roberts in his confirmation hearing compared this to looking over the crowd and picking out one’s friends …..
Indeed.
Amen.
Justices Breyer and Ginsburg should listen to and learn from Alberto Gonzales, shouldn’t they?
Subscribe to blog feed.