Appropriate Role of Foreign Judgments in the Interpretation of American Law: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H. Res. 568, March 25, 2004, Հատոր 4U.S. Government Printing Office, 2004 - 60 էջ |
From inside the book
Արդյունքներ 12–ի 1-ից 5-ը:
Էջ 12
... claims are content to mention them in footnotes , other justices have taken the trouble to repudiate such references in the text of their opinions ( as , for example , both Chief Justice Rehnquist and Justice Scalia did in Atkins ) . In ...
... claims are content to mention them in footnotes , other justices have taken the trouble to repudiate such references in the text of their opinions ( as , for example , both Chief Justice Rehnquist and Justice Scalia did in Atkins ) . In ...
Էջ 13
... claim to be discerning law and not merely imposing its own choices . Of course , there is often dispute about what the Constitution really does mean and how it should be interpreted . It may be that some past rulings of the Court should ...
... claim to be discerning law and not merely imposing its own choices . Of course , there is often dispute about what the Constitution really does mean and how it should be interpreted . It may be that some past rulings of the Court should ...
Էջ 14
... claims about national security cannot excuse interference with the rights of would - be migrants or refugees . Our ... claim to be considered in deciding whether American law could impose capital pun- ishment . It is only a short step ...
... claims about national security cannot excuse interference with the rights of would - be migrants or refugees . Our ... claim to be considered in deciding whether American law could impose capital pun- ishment . It is only a short step ...
Էջ 15
... claims that foreign or international law is binding au- thority in the U.S. may well raise important questions of demo- cratic legitimacy , the thoughtful consideration of foreign precedents or legal institutions in a non - binding way ...
... claims that foreign or international law is binding au- thority in the U.S. may well raise important questions of demo- cratic legitimacy , the thoughtful consideration of foreign precedents or legal institutions in a non - binding way ...
Էջ 21
... claims by attorneys , law professors and individual Justices have gone too far in giving weight to foreign materials as , in effect , persuasive statements of social policy . This is problematic in several respects . Consideration of ...
... claims by attorneys , law professors and individual Justices have gone too far in giving weight to foreign materials as , in effect , persuasive statements of social policy . This is problematic in several respects . Consideration of ...
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Common terms and phrases
American law appropriate Article Atkins BACHUS CHABOT Chairman Chief Justice citation cited clause Congress constitutional interpretation contemporary foreign court decisions Court of Human death penalty deci Eighth Amendment eign elected European Court European Union execution Federal Federalist Federalist Papers Feeney foreign authorities foreign courts foreign jurisdictions foreign law foreign materials foreign or international foreign practice Framers gentleman Goodlatte Grutter HOSTETTLER human rights international law issue judges judicial Judiciary Justice Ginsburg Justice Scalia Lawrence legal texts legislative legislatures look McGinnis moral and social NADLER opinion original meaning precedent PREPARED STATEMENT Professor Jackson Professor Ramsey protect question RABKIN RANDY FORBES ratified relevant relied resolution Sandra Day O'Connor separation of powers sions social policy sodomy sodomy laws sovereignty STEVE CHABOT stitution Supreme Court Justice Texas Thank things tion tional TOM FEENEY treaties trend U.S. Constitution U.S. courts U.S. law U.S. Supreme Court United Virginia Warsaw Convention
Սիրված հատվածներ
Էջ 46 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Էջ 17 - 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 17 - The decisions of the courts of every country, so far as they are founded upon a law common to every country, will be received, not as authority, but with respect. The decisions of the courts of every country show how the law of nations, in the given case, is understood in that country, and will be considered in adopting the rule which is to prevail in this.
Էջ 16 - An attention to the judgment of other nations is important to every Government, for two reasons : the one is, that independently of the merits of any particular plan or measure, it is desirable, on various accounts, that it should appear to other nations as the offspring of a wise and honorable policy...
Էջ 2 - The Court's discussion of these foreign views (ignoring, of course, the many countries that have retained criminal prohibitions on sodomy) is therefore meaningless dicta. Dangerous dicta, however, since "this Court . . . should not impose foreign moods, fads, or fashions on Americans.
Էջ 46 - It proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power ;* that it can never attack with success either of the other two ; and that all possible care is requisite to enable it to defend itself against their attacks.
Էջ 47 - State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices. Every single one of these laws is called into question by today's decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding.
Էջ 30 - Other nations, too, have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries.
Էջ 16 - ... the national councils may be warped by some strong passion or momentary interest, the presumed or known opinion of the impartial world may be the best guide that can be followed.
Էջ 17 - ... enforcement in these jurisdictions as a result of these rules. Conditions of law enforcement in our country are sufficiently similar to permit reference to this experience as assurance that lawlessness will not result from warning an individual of his rights or allowing him to exercise them. Moreover, it is consistent with our legal system that we give at least as much protection to these rights as is given in the jurisdictions described. We deal in our country with rights grounded in a specific...