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Using Foreign Law Is The Real Supreme Court Test
By Kevin Fobbs
September 16, 2005
Page 2 of 4
You know the result. The president and America won that vote. But the same may not be true for our nation when it comes to the justices on the U.S. Supreme Court. You see this band of men and women are not bound by the constraints of re-election. They are serving for life and unfortunately, are not necessarily bound by the constitutional principles which they swore to uphold.
Some legal experts feel this is really not a very big deal. After all, we are a nation that should realize that the world is shrinking in terms of the level of interactions, the level of commerce and legal boundaries are being broached daily on multi-national levels. What these legal experts believe is repugnant to our Constitution. What is good for Jamaica or France or Aruba or Germany or the Netherlands is not our American experience nor is it reflective of the uniqueness of our heritage and of our culture. In an interview with a news organization, Congressman Tom Feeney of Florida(R) advocated, in a resolution of Congress, the condemnation of this outrageous practice being utilized by some U.S. Supreme Court justices.


His resolution alludes to the point that as a matter of fact it is always and universally inappropriate to base decisions regarding "the original meaning of the U.S. Constitution on foreign laws, institutions or constitutions."
Just imagine if you took the flawed thinking of the three U.S. Supreme Court justices a step further. What happens if a judge in Houston, Texas decided that he wanted to use Korean Law to make a determination of a Texan's property rights? What if a state appeals court judge in Sacramento decided that it is perfectly constitutionally legal to commit infanticide based upon a ruling in a court in the Netherlands.
What happens when a court in Ohio decides that the culture of death should be embraced because a court in Paris, France has decided that a Terri Shiavo case should only be decided on the "quality of life" as determined by the husband or the state or a poll of the people? Some would say these types of legal possibilities are too far fetched. Some may say this is too much like fiction.
About three months ago, millions of Americans probably thought the home that you live in, the place that you worship or the job you work was safe from being taken away, because you were either too poor, too principled or just plain in the way, by someone with deeper pockets who can snatch away everything you have worked a lifetime accumulating ... it happened. Just ask the victims of the U.S. Supreme Court decision in Kelo vs. the City of New London.
We live in times where we have to realize that the gift which is our Constitution can be taken from us. The Fifth Amendment protection has been marginalized. We saw that happen in the "Kelo Case". Just ask the over 10,000 plaintiffs and defendants who are defending their homes, their places of worship or their businesses in over 41 states. They probably thought the same too..."It will never come to this."
>> Continued -- Page 1 2 3 4


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