In Fong Yue Ting v.
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Understanding references to foreign law in their legal and historic context should defuse unwarranted criticisms, highlight the benefits id love to talk well-informed uses of foreign and international legal sources, and focus attention on some genuinely difficult questions. But no justice should cut off knowledge and analysis of foreign law if it can help the court reach a better understanding of loe own. And what relevance could international covenants, not ratified by or binding in the U.
Legal education is just beginning to recognize the importance of offering training in understanding foreign and international law. Llovethe court considered the law of nations in defining the status of Indian tribes and state authority under the U. Arizonacanvassing examples of other countries' protections against abusive interrogation of suspects held in custody, the court urged that we should provide "at least as much" protection as countries such as Bisexual chat rooms, Scotland, or India provided, because the United States has "a specific requirement of the Fifth Amendment of the Constitution, whereas other jurisdictions arrived at their conclusions on the basis of principles of justice not so specifically defined.
In other cases, the practices of other nations were invoked both to support and to oppose particular interpretations of the Constitution. As the early Supreme Court noted, the judicial power of the United States was intended to include cases "in the correct adjudication of which foreign nations are deeply interested.
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But time had passed, he said, and by it was "less defensible to say that we're not familiar with it. The dissent vigorously countered that the United States "takes nothing" from the gay text lines of other countries that tto people due to their religion or ethnicity. These include the rulings of lower federal courts and of state courts even when interpreting their own state constitutionslaw review articles, and even works of fiction by Shakespeare, Mark Twain, ralk George Orwell.
And the notion that U. But caution need not mean wholesale avoidance. Thomas has suggested that citation of foreign authorities is a of weakness, an admission that the position for which the foreign authority is cited lacks support in U.
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But that's a separate question from whether the Supreme Court should cite foreign or international sources merely as sources that are relevant and only if they have persuasive value, positive or negative. Foreign or international examples, both negative and positive, can also inform the court's determination of appropriate measures to protect U. In Fong Yue Ting and elsewhere, justices have demonstrated that they can draw gang chat rooms foreign practice as "negative" authority, just as they may find other foreign authority to be a positive support.
European conceptions are, in Scalia's words, "thankfully" not ours, and foreign authorities may be relevant to "making" but not to "interpreting" a constitution once made. Glucksbergthe court had to free new brunswick sexting numbers whether a state's prohibition on physician-assisted euthanasia was "reasonably related" to "legitimate" state interests.
If that court is interpreting different provisions in a different legal tradition, why is its decision relevant at all? These objections are entwined with a concern about increasing judicial "discretion" in constitutional interpretation.
gay bears chat First, it relied on them to clarify and correct misimpressions on which the earlier opinion had been based: "The sweeping references by Chief Justice Burger to the history of Western civilization and to Judeo-Christian moral and ethical standards did not take of other authorities pointing in an opposite direction. To the extent that constitutional rights rest upon the people's consent to the specific intent of constitutional framers and ratifiers, and are embedded in a broader institutional framework of U.
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Foreign law can also help illustrate the possible consequences of different interpretive choices. But critics could argue that state courts, even when interpreting distinct provisions of distinct state constitutions, do so within the tradition of U. It peaked at 40 on the Billboard Hot in Although there are limitations in making comparisons, legal reasoning in the United States is often based on analogies, providing jurists and lawyers with training in how to examine conflicting approaches and sort out what is most relevant and persuasive.
Board of Education would have been a more difficult one to travel. Justices Felix Frankfurter and Robert Jackson, in separate opinions, alluded to the dangers of dictatorship that other countries had recently experienced, with Jackson explaining features of the Weimar Constitution in Germany that allowed Adolf Hitler to assume dictatorial powers. Inin Bowers v. Foreign practice and decisions can also be helpful in evaluating the justifications for government action.
In concluding that the statute in question was constitutional, Chief Justice Rehnquist's opinion noted the debate in free corbridge sex chat countries, including the Netherlands' experience with physician-assisted suicides and the rejection of euthanasia in Canada and Britain.
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Inin The Schooner Exchange v. In the Youngstown Steel case inthe court held that President Harry Truman lacked constitutional power to take over the steel companies in anticipation of a strike. And Chief Loe Rehnquist has raised federalism concerns about using foreign law to interpret constitutional provisions that would limit the states. In McIntyre v.
In this sense, foreign legal authority or nonbinding international norms shares characteristics of other forms of persuasive authority used in Supreme Court decisions. While care must be taken in making legal comparisons, consideration of foreign legal decisions can contribute to our understanding of our own distinctiveness as a nation, illuminate common concepts, and challenge us to think more clearly about our own legal questions.
Any limitations on democratic decision-making are acceptable, one argument goes, only if they are expressly stated in America's fundamental law.
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Chief Justice Warren Burger was part of the majority and wrote separately to argue, among other things, that "throughout bitch chat history of Western civilization" homosexual sodomy was subject to prohibition. In Miranda v. This use was the more controversial, provoking a dissenting justice to argue that the court " 'should not impose foreign moods.
These critiques are off the mark and often counterproductive.
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The law of gender equality, for example, has been developed from the Fourteenth Amendment's equal protection clause, even though other words in that amendment favored male over female voters, and its framers were not seeking to advance gender equality. Legal instruments that protect these rights have drawn inspiration from the U. But accepting that approach might exclude essential constitutional developments, as sociolegal understandings of traditional distinctions and practices shift.
Where courts in other nations, in decisions meant to bind their own governments, have reflected on similar practices affecting human rights, well-informed American jurists, knowledgeable of these decisions, can decide whether they help in evaluating the best understanding of similar concepts in U.
In Prigg v. Critics argue that such references to foreign law are an illegitimate, antidemocratic judicial usurpation of authority, or an effort to obscure loce absence of solid grounding in U. It should continue to do so. Ferguson to Brown v.