JUSTICE ADMINISTERED BY ACTIVIST FEDERAL JUDGES:
By Dr. Ron Paul
Activist federal judges often view the United States Constitution as an anachronism that stands in the way of their visions for “social justice.” They usually view European Socialism and Statism very positively, and unconditionally believe in the United Nations and international law. Accordingly, activist judges increasingly are looking outside the U.S.A. for guidance when deciding cases.
This latest brand of judicial activism has a name: “transjudicialism.” Transjudicialism means that American federal judges consider foreign and international legal sources when deciding cases, even though such sources often conflict directly with our own Federal Constitution.
As Robert Bork explains, six of the nine U.S. Supreme Court justices have either written or joined opinions that favorably cited foreign authorities. These justices have considered the European Court of Human Rights, various United Nations conventions, international human rights treaties, and even judicial decisions from India, Jamaica, and Zimbabwe when writing their opinions! Simply put, these justices are making the incredible argument that American federal courts should consider sources other than U.S. law when deciding cases. In the words of one justice, the Supreme Court “cannot afford to ignore the rest of the world.”
It’s not hard to see the grave danger posed by this new trend. Anti-gun judges could cite restrictions on gun ownership in other countries approvingly when disregarding the Second Amendment to the U.S. Constitution. Hate speech laws in other nations could be used as authority to weaken the First Amendment guarantee of the right of Americans to freedom of speech. Our wholly domestic tax, labor, environmental, and family laws could be influenced by United Nations edicts, foreign court judgments, and international treaties which have not been ratified by the United States.
The U.S. Constitution is the supreme law of the land in America. Congress needs to exercise its constitutional power over federal courts and send judges a strong message that Americans will be governed by American law only. I recently introduced into the U.S. House of Representatives legislation that forbids the U.S. Supreme Court and the lower federal courts from citing any foreign or international laws, rules, policies, or court decisions as authority for their opinions.
Federal judges take an oath of office promising to decide cases in accordance with the U.S. Constitution and US federal law. Those judges who insist on considering foreign law and foreign opinions should be removed from their positions for violating that oath, pure and simple.
Supreme Court Justice Antonin Scalia warns that “Day by day, case by case, the Court is busy designing a Constitution for a country I do not recognize.” Congress needs to act quickly before Justice Scalia’s fears are fully realized.
U.S. Constitutional Law & Political Philosophy
Dr. Ron Paul is a Republican member of the United States House of Representatives, elected from and representing the Fourteenth
Congressional District of Texas. Congressman Paul is considered to be one of America's leading spokesmen for constitutional
government, the rule of law, liberty under law, the private enterprise system,, free market economics, sound monetary policy, and
fiscal restraint on the part of the U.S. national government.
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