Captain Mainline

Friday, January 14, 2005

International Law for US Courts?

I had two thoughts while considering the recent question of how international law should affect US judges.

First, I do not like the idea of world or European values creeping in to the USA without a formal process because in general I find our home grown values to be better for the USA.

But more importantly, I feel the focus of the question was misguided in a way that is independent of my bias against the USA adopting foreign views.

I think it is proper for voters and to a lesser degree legislators to consider legal events from the world at large and to consider what changes we may want to adopt.

My inclination would be to look for things to UNDO here when the USA too closely mirrors Europe’s progressive thinking, but as I said that is a reflection of my conservative inclination. Regardless, the last people who should be pondering extra-legal influences are judges who in theory are bound to consider the will of the legislators and the US constitution.

The proper orifice for considering foreign ideas should not be through judges but be instead the voters here in the USA.

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