We Are The World.........*NOT*!!
blueoval at MAIL.1SMARTISP.NET
Fri Mar 26 19:33:51 MST 2004
ISSUE: Should United States Supreme Court decisions be
based on the legal opinions of Europeans -- the French,
the Germans, the Spanish?
It's happening more and more... but we've finally got
some Congressmen with the guts to say "No More" to
these "internationalist" Supreme Court Justices, even
to the point of warning them they could be IMPEACHED
for favoring OTHER countries' laws instead of the U.S.
Constitution, as they swore to do.
Since 1977 and especially in the last five years,
Justices John Paul Stevens, Stephen Breyer, and Anthony
Kennedy especially have cited foreign decisions to
buttress their views. In a 1999 death penalty case,
Breyer cited judicial decisions from Jamaica, India,
Zimbabwe, and the European Court of Human Rights to
support his decision. Even last year in the landmark
Lawrence v. Texas decision that struck down the state's
sodomy statute, Kennedy referred to EUROPEAN court
cases, instead of sticking to OUR Constitution for
So now, Rep. Tom Feeney (R-FL) has introduced the
"Reaffirmation of American Independence Resolution."
This resolution, which is also being co-sponsored by
Rep. Bob Goodlatte (R-VA), affirms the Sense of
Congress that judicial decisions should not be based
on any foreign laws, court decisions, or pronouncements
of foreign governments unless they are expressly
approved by Congress.
"The American people have not consented to being ruled
by foreign powers or tribunals, and their elected
representatives have an obligation to ensure that
America's courts do not impose this rule upon them,"
said Rep. Feeney. "America's sovereignty and the
integrity of our legal process should not be threatened
by a jurisprudence predicated upon laws and judicial
decisions alien to our Constitution and our system of
The need for the resolution has become necessary as,
with growing frequency, the Supreme Court has relied
upon decisions of foreign judicial tribunals when
deciding American constitutional and statutory cases.
Six Supreme Court justices have written or joined
opinions that cited foreign authorities to justify
its decisions. Lower Federal courts are beginning
to follow this disturbing trend.
Article VI of the Constitution unambiguously states
that the Constitution and federal statutes are the
supreme law of the land. Members of Congress swear an
oath to defend the Constitution and pass laws that
respect it; federal judges swear an oath to defend
the Constitution and interpret the law in a manner
that preserves it. The "Reaffirmation of American
Independence Resolution" ensures this oath is upheld.
ACTION ITEM: There are many reasons why Americans
need to condemn the use of external law in interpreting
the Constitution. John Yoo, law professor at the
University of California-Berkeley, and visiting scholar
at the American Enterprise Institute, writes in a
forthcoming law review article: "If foreign decisions
were to become, in close cases, outcome determinative,
or even were to trigger some type of deference, then
they would effectively transfer federal authority
outside the control of national government." The
Supreme Court is in danger of setting its own social
and moral agenda, ignoring the will of the American
people as reflected by the laws of our democracy.
There are more than FIFTY co-sponsors on this
resolution -- we've got the momentum to get this
We need to make our voices heard on this matter NOW.
Go to the site below to send a message to YOUR
Congressman, telling him or her to support the
"Reaffirmation of American Independence Resolution"
when it comes before them:
<a href="http://www.conservativealerts.com/032504.htm"> AOL GO HERE </a>
NOTE: Please forward this message to everyone you
know who wants to see our Supreme Court Justices base
their decisions on the AMERICAN Constitution, NOT on
European or other opinions and decisions. Thank you!
P.S. It didn't happen all at once. Slowly, bit by bit,
the courts have chipped away at the Founders' original
intent for our nation until what is left is a very
different image from what was intended by the men who
framed our Constitution and birthed our nation. If we
are to pull our nation back from a judiciary gone mad,
a Court system filled with hubris, corruption, and
greed for power, we must get back to our forefathers'
"original intent." Author David Barton provides us with
just the right tool: a book filled with the Founders'
own words in a manner so clear and concrete you can't
escape the feeling their words were penned as wisdom
for our very time, if we will only listen. You can
purchase "Original Intent" today, at 20% OFF the list
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