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 13–ի 1-ից 5-ը:
Էջ 1
... several recent cases has cited decisions by foreign courts and treaties not ratified by this country to support their interpreta- tions of the United States Constitution . As one commentator has written , " The use of ( 1 )
... several recent cases has cited decisions by foreign courts and treaties not ratified by this country to support their interpreta- tions of the United States Constitution . As one commentator has written , " The use of ( 1 )
Էջ 3
... treaties not ratified by this country to support their interpretations of the United States Constitution . As one commentator has written , the " use of international sources in cases involv- ing purely domestic concerns is alien to the ...
... treaties not ratified by this country to support their interpretations of the United States Constitution . As one commentator has written , the " use of international sources in cases involv- ing purely domestic concerns is alien to the ...
Էջ 5
... treaties or understandings between dif- ferent States . It also basically would never prohibit a court from using the legislative intent for a congressionally - enacted statute . If we look to Germany for its health care laws or France ...
... treaties or understandings between dif- ferent States . It also basically would never prohibit a court from using the legislative intent for a congressionally - enacted statute . If we look to Germany for its health care laws or France ...
Էջ 10
... treaty , but we haven't ratified it . So why can't we just have our own coun- try ? And the thing you have to keep in mind is a lot of people are now saying , " Well , since there are treaties , it doesn't matter wheth- er the United ...
... treaty , but we haven't ratified it . So why can't we just have our own coun- try ? And the thing you have to keep in mind is a lot of people are now saying , " Well , since there are treaties , it doesn't matter wheth- er the United ...
Էջ 11
... treaties are of higher au- thority even than our national constitution , " and where did that come from ? Not from the treaties . From judges saying , “ Oh , yeah , it's true , " and then reassuring each other and encouraging each other ...
... treaties are of higher au- thority even than our national constitution , " and where did that come from ? Not from the treaties . From judges saying , “ Oh , yeah , it's true , " and then reassuring each other and encouraging each other ...
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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.