International Law Interprets the U.S. Constitution?
A couple of days ago, I was sent a letter from a watchdog organization citing concerns over the recent ruling by the U.S. Supreme Court that struck down Texas anti-sodomy laws. While there is much concern that is raised over the outcome of the decision, it was the basis upon which the decision was reached that is both odd and extremely troubling.
According to the newsletter, "Justice Anthony Kennedy wrote for the majority of the court saying it took into consideration the laws of other nations in reaching their decision: 'The laws of Northern Ireland forbade him (a homosexual defendant) that right (to practice sodomy).' Kennedy also referenced the European Court of Human Rights and wrote: 'Other nations have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct.'"
If this develops into a trend, there are serious consequences that can arise when the Justices of the Supreme Court, sworn to strictly interpret the Constitution of the United States are relying on the constitutions and laws of other countries to arrive at decisions for U.S. cases. For many U.S. citizens this is of great concern as many of the beliefs, values and practices of other countries run contrary to the beliefs and values upon which this country was founded.
Is this just one isolated case unworthy of such concern and attention? Apparently not. Justice Kennedy has now referenced international law on at least one other occasion:
According to the newsletter, "Justice Anthony Kennedy wrote for the majority of the court saying it took into consideration the laws of other nations in reaching their decision: 'The laws of Northern Ireland forbade him (a homosexual defendant) that right (to practice sodomy).' Kennedy also referenced the European Court of Human Rights and wrote: 'Other nations have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct.'" If this develops into a trend, there are serious consequences that can arise when the Justices of the Supreme Court, sworn to strictly interpret the Constitution of the United States are relying on the constitutions and laws of other countries to arrive at decisions for U.S. cases. For many U.S. citizens this is of great concern as many of the beliefs, values and practices of other countries run contrary to the beliefs and values upon which this country was founded.
Is this just one isolated case unworthy of such concern and attention? Apparently not. Justice Kennedy has now referenced international law on at least one other occasion:
In the recent case involving capital punishment for those under age 18, Justice Kennedy continued this trend. Again writing for the majority of the court, he wrote: "It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty." The point here is not the ruling, but the fact that the Supreme Court looked not solely to the U.S. Constitution, but also to the laws of other nations.This is a serious development for all Americans regardless of one's political affiliation or personal beliefs. It would be just as abhorrent had international law been cited as a basis for upholding the sodomy laws. What protects American freedoms is the United States Constitution. When that is eroded under the trickle of foreign law and subjective interpretation, any or all of our freedoms can be in jeopardy.
This trend by the Supreme Court is very frightening. It moves toward having the laws of other nations supersede the U.S. Constitution. In the eyes of the Supreme Court, they are no longer bound by our constitution, but are free to use the laws of any country to reach the ruling they want.
Once any nominee is confirmed by the Senate, they are free to rule however they desireincluding basing their decisions on the laws of other countrieswithout the people having any practical recourse.
Labels: David C. Price
posted by DAVID C. PRICE at 3/14/2005 12:00:00 AM
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