American Judicial Decisions Should Not Be Based On Foreign Laws

Press Release

Date: May 3, 2007
Location: Washington, DC
Issues: Judicial Branch


American Judicial Decisions Should Not be Based on Foreign Laws

U.S. Rep. Tom Feeney (R-FL) and U.S. Rep. Bob Goodlatte (R-VA) today reintroduced the Reaffirmation of American Independence Resolution. This legislation says that judicial decisions should not be based on any foreign laws, court decisions, or pronouncements of foreign governments. The Reaffirmation of American Independence Resolution will be referred to the Judiciary Committee on which both Goodlatte and Feeney serve.

"It is unacceptable that Supreme Court justices have relied upon numerous foreign sources to overturn anti-sodomy laws, uphold affirmative action admissions processes, and prohibit the death penalty. America’s sovereignty and the integrity of our legal process are threatened by a jurisprudence predicated upon laws and judicial decisions alien to our Constitution and our system of self-government.

"I urge my colleagues to join us in supporting legislation that advises the federal courts that their role is interpreting U.S. law, not importing foreign laws â€" a clear violation of the separation of powers," said Feeney.

Congressman Goodlatte commented, ""Recently there has been a deeply disturbing trend in American jurisprudence. The Supreme Court, the highest court in the land, has begun to look abroad, to international law instead of our own Constitution as the basis for its decisions. In fact six of the Court’s nine justices have either written or joined opinions that cite foreign authorities. This is an affront to both our national sovereignty and the broader democratic underpinnings of our system of government. This legislation comes at a critical time, for when judges and justices begin to operate outside the boundaries of the U.S. Constitution, Congress must respond."

The Feeney/Goodlatte resolution affirms the sense of Congress that judicial decisions interpreting the U.S. Constitution should not be based on any foreign laws, court decisions, or pronouncements of foreign governments unless they inform an original understanding of our Constitution.


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