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 16–ի 1-ից 5-ը:
Էջ 13
... adopt European views on capital punishment for murderers of subnormal in- telligence as in Atkins . Evidently , it does not feel bound , however , to embrace the European view that the death penalty is always improper . Similarly ...
... adopt European views on capital punishment for murderers of subnormal in- telligence as in Atkins . Evidently , it does not feel bound , however , to embrace the European view that the death penalty is always improper . Similarly ...
Էջ 14
... adopt criminal justice measures of which they disapprove . But it may be quite important to the security of the United States in coming years that it retains the moral self - confidence to pursue its own , differing policies and ...
... adopt criminal justice measures of which they disapprove . But it may be quite important to the security of the United States in coming years that it retains the moral self - confidence to pursue its own , differing policies and ...
Էջ 15
... adopting what we now know as the Miranda warnings . These other countries , the Court said , did not have the written protections of our fifth amend- ment , yet the Court saw their rules as efforts to protect similar in- terests and as ...
... adopting what we now know as the Miranda warnings . These other countries , the Court said , did not have the written protections of our fifth amend- ment , yet the Court saw their rules as efforts to protect similar in- terests and as ...
Էջ 16
... adopt the proposed resolution . Far from being hostile to considering foreign countries ' views or laws , the Found- ing generation of our Nation had what the signers of the Declaration of Independ- ence described as a " decent Respect ...
... adopt the proposed resolution . Far from being hostile to considering foreign countries ' views or laws , the Found- ing generation of our Nation had what the signers of the Declaration of Independ- ence described as a " decent Respect ...
Էջ 19
... adopted by the Supreme Court in a few recent decisions , how- ever , is entirely different . For example , in Lawrence v . Texas , the recent case striking down Texas ' anti - sodomy law , the ... adopt the moral and social policy of 19.
... adopted by the Supreme Court in a few recent decisions , how- ever , is entirely different . For example , in Lawrence v . Texas , the recent case striking down Texas ' anti - sodomy law , the ... adopt the moral and social policy of 19.
Այլ խմբագրություններ - View all
Common terms and phrases
American law appropriate Article ARY OF CONGRESS Atkins BACHUS CHABOT Chairman Chief Justice citation cited clause CONG CONGRESS THE LIBR CONGRESS THE LIBRARY constitutional interpretation contemporary foreign death penalty deci Eighth Amendment European Court execution Federal Federalist Federalist Papers Feeney foreign authorities foreign courts foreign jurisdictions foreign law foreign materials foreign or international foreign practice Framers gentleman Goodlatte GRESS HOSTETTLER human rights international law issue judges judicial Judiciary Justice Ginsburg Justice Scalia Lawrence legal texts legislative legislatures LIBRA LIBRARY CONGRESS LIBRARY OF CONGRE LIBRARY OF CONGRESS look McGinnis moral and social NADLER opinion original meaning PREPARED STATEMENT Professor Jackson Professor Ramsey protect provision question RABKIN ratified relevant relied resolution Sandra Day O'Connor separation of powers sions social policy sodomy sodomy laws sovereignty stitution Supreme Court Justice Texas Thank things tion treaties U.S. Constitution U.S. courts U.S. law U.S. Supreme Court United Warsaw Convention
Սիրված հատվածներ
Էջ 55 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Էջ 42 - 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.
Էջ 13 - 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 2 - ... there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Էջ 13 - 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 12 - 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 26 - The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries. There has been no showing that in this country the governmental interest in circumscribing personal choice is somehow more legitimate or urgent.
Էջ 55 - there is no liberty, if the power of judging be not separated from the legislative and executive powers.
Էջ 43 - 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.