House Resolution on the Appropriate Role of Foreign Judgments in the Interpretation of the Constitution of the United States: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, First Session, on H. Res. 97, July 19, 2005U.S. Government Printing Office, 2005 - 63 էջ |
From inside the book
Արդյունքներ 6–ի 1-ից 5-ը:
Էջ 22
... statute the Missouri Compromise of 1820 , which prohibited slavery in the northern portion of the Louisiana Territories . Notably , the dissenters in Dred Scott invoked and properly applied the very originalist principles that Ginsburg ...
... statute the Missouri Compromise of 1820 , which prohibited slavery in the northern portion of the Louisiana Territories . Notably , the dissenters in Dred Scott invoked and properly applied the very originalist principles that Ginsburg ...
Էջ 29
... statutes . Under current doctrine , courts regularly bend over backwards to construe Federal statutes to be consistent with international law , even when the text of the statute would perhaps be a different con- struction . Now ...
... statutes . Under current doctrine , courts regularly bend over backwards to construe Federal statutes to be consistent with international law , even when the text of the statute would perhaps be a different con- struction . Now ...
Էջ 31
... statutes or judgments , because these sources may have been known to readers at the time of the ratification , and they may reflect the way in which legal terms of art were used at that time . The Resolution wisely allows this ...
... statutes or judgments , because these sources may have been known to readers at the time of the ratification , and they may reflect the way in which legal terms of art were used at that time . The Resolution wisely allows this ...
Էջ 34
... statutes . Some statutes are passed precisely to execute non - self - executing treaties , 1 and the text of such statutes often track the treaties verbatim . In such cases , just as a foreign judgment may be relevant to interpret the ...
... statutes . Some statutes are passed precisely to execute non - self - executing treaties , 1 and the text of such statutes often track the treaties verbatim . In such cases , just as a foreign judgment may be relevant to interpret the ...
Էջ 35
... statute to this effect might read as follows : " Acts of Congress shall only be interpreted by reference to foreign or international law if they expressly reference and incorporate such bodies of law . " I believe that such a statute is ...
... statute to this effect might read as follows : " Acts of Congress shall only be interpreted by reference to foreign or international law if they expressly reference and incorporate such bodies of law . " I believe that such a statute is ...
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Common terms and phrases
14th amendment American law Appropriate Role Bowers CAFTA Art CHABOT Chairman Chief Justice cite Committee CONG CONGRESS THE LIBRARY consensus consideration of foreign constitutional interpretation construing contemporary foreign law context cruel and unusual death penalty democratic DINH dissent Eighth Amendment federal FEENEY foreign authorities foreign decisions foreign investors foreign judgments foreign sources Framers Ginsburg hearing HOSTETTLER House Resolution 97 international and foreign international rules international tribunals issue judges judiciary Justice Scalia Kennedy law of nations legislative LIBR LIBRARY CONGRESS LIBRARY OF CONGRE LIBRARY OF CONGRESS look NADLER NAFTA Nicholas Quinn Rosenkranz opinion original meaning originalist PREPARED STATEMENT principles provisions question recognized relevant rely RESS Role of Foreign Roper separation of powers Simmons sources of law sovereignty statutes Subcommittee Supreme Court Justices Texas Thank tion treaty U.S. Constitution U.S. courts U.S. law U.S. Supreme Court United States Constitution views violate Warsaw Convention WHELAN World Bank tribunals
Սիրված հատվածներ
Էջ 38 - The constitution of the United States was ordained, it is true, by descendants of Englishmen, who inherited the traditions of English law and history, but it was made for an undefined and expanding future, and for a people gathered and to be gathered from many nations and of many tongues; and while we take just pride in the principles and institutions of the common law, we are not to forget that in lands where other systems of jurisprudence prevail the ideas and processes of civil justice are also...
Էջ 25 - At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.
Էջ 30 - To impose on it the necessity of resorting to means which it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other governments which might disappoint its most important designs, and is incompatible with the language of the constitution.
Էջ 38 - The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
Էջ 32 - It has also been observed that an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains...
Էջ 9 - We must never forget that it is a Constitution for the United States of America that we are expounding. . . . [W]here there is not first a settled consensus among our own people, the views of other nations, however enlightened the Justices of this Court may think them to be, cannot be imposed upon Americans through the Constitution.
Էջ 38 - There is nothing in Magna Charta, rightly construed as a broad charter of public right and law, which ought to exclude the best ideas of all systems and of every age; and as it was the characteristic principle of the common law to draw its inspiration from every fountain of justice, we are not to assume that the sources of its supply have been exhausted.
Էջ 24 - ... all men are created equal; and are endowed by their Creator with certain inalienable rights; and that among these are, life, liberty, and the pursuit of happiness...
Էջ 37 - The Constitution of the United States was framed at a time when this rule, introduced by commerce in favor of moderation and humanity, was received throughout the civilized world. In expounding that Constitution, a construction ought not lightly to be admitted, which would give to a declaration of war an effect in this country it does not possess elsewhere...