Saturday, October 07, 2006

Parental Rights & the Constitution of America... or is it of Europe?

Michael Farris, chancellor of Patrick Henry College where he teaches constitutional law and chairman and general counsel of Home School Legal Defense Association, wrote an incredible piece for WorldNetDaily focusing on how the Supreme Court wants to open its interpretation of the constitution based on international law. It is an eye-opening read:

A recent article in the American Journal of International Law tells this story:
In the keynote address to the 2003 annual meeting of the American Society of International Law, Justice Stephen Breyer declared that "comparative analysis emphatically is relevant to the task of interpreting constitutions and enforcing human rights." Justice Breyer concluded that nothing could be "more exciting for an academic, practitioner, or judge than the global legal enterprise that is now upon us." In a room filled with international lawyers and academics, he received a home court standing ovation.
Breyer's use of the term "comparative analysis" means that the Supreme Court should use international law sources to help interpret American law, including the U.S. Constitution. The late Chief Justice Rehnquist said it even more directly: "Now that constitutional law is solidly grounded in so many countries, it is time that the United States courts begin looking to the decisions of other constitutional courts to aid in their own deliberative process."
Read the full article Here
So, to put things into perspective relative to what my focus here on Know Thy Facts is all about, there has been many comments posted suggesting that the interpretation of law of the U.S. constitution is based on the countries morals. Well, if you think that take is the truth, and is FAR from the truth, then how would you like to interpret the U.S. constitution based upon the way other countries interpret their constitutions? Think about that and let me know if "We The People" really means anything to you now.


Anonymous John K. said...

This is a direct assault on our constitution! nothing
can be more irrelevant than relying on how Europeans
interpret their constitutions. I'm sad to see that
William Rehnquist supported this.

I'm sadder still to see this trend for this is how the
liberal gun confiscation crowd will get the U.S.
courts to wipe the second amendment out of
existence--under the ruse of international norms of
non-possession. This is the crap discussed at the
U.N. conference on small arms this past July.

I really hope we can stop this type of legal analysis.

My two cents

6:15 AM, October 08, 2006  

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