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Kagan: Foreign Law Can Provide Ideas, Not Binding


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TownHall:


Kagan: Foreign law can provide ideas, not binding

Supreme Court nominee Elena Kagan says foreign law could be useful "for getting good ideas" when interpreting the Constitution but that justices should not feel bound by it.

Kagan was speaking Tuesday in response to questioning by Republican Sen. Charles Grassley on the role of international law in U.S. courts, which some conservatives oppose. The Supreme Court has previously cited foreign law in deciding cases, such as when it struck down the U.S. execution of juvenile murder defendants as unconstitutional.

Kagan says that international law can be used as a guide, but it should not be considered binding when deciding Supreme Court cases because the Constitution is a unique document.
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You need 'ideas' to interpret the Constitution?
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Kagan: Foreign law can provide ideas, not binding

 

Strange that we managed to survive as a Republic all these years with all these ideas that foreign law can provide.

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Kagan: Foreign law can provide ideas, not binding

 

Strange that we managed to survive as a Republic all these years with all these ideas that foreign law can provide.

 

Funny.....virtually all of the western nations of the world have fashioned their governments after our own, and yet, we are to look to them for guidance?

 

The Founders made the Constitution hard to amend for a reason....to keep idealogues from screwing everything up. Current politicians, on both sides of the aisle, avoid that trap by simply ignoring the very document that is being discussed during these hearings.

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Kagan: Foreign law can provide ideas, not binding

 

Strange that we managed to survive as a Republic all these years with all these ideas that foreign law can provide.

 

Funny.....virtually all of the western nations of the world have fashioned their governments after our own, and yet, we are to look to them for guidance?

 

The Founders made the Constitution hard to amend for a reason....to keep idealogues from screwing everything up. Current politicians, on both sides of the aisle, avoid that trap by simply ignoring the very document that is being discussed during these hearings.

 

 

You can constitutionally justify darn near everything the federal government does...but you have to go throught some pretty nifty gymnastics to do it....dept. of energy, dept. of education come to mind.

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clearvision

From FOXNews

He's good enough, he's smart enough, but doggone it — he just can't keep his eyes open for Senate confirmation hearings.

 

Al Franken, the onetime comedian and current Democratic senator from Minnesota, used his position on the vaunted Judiciary Committee on Tuesday to doodle a lifelike bust of Sen. Jeff Sessions, the committee's ranking Republican, as Sessions raked Supreme Court nominee Elena Kagan over the coals.

 

But it wasn't all fun and games for the former "Saturday Night Live" star — Franken also found time to get in a good nap during the first day of hearings Monday.

 

Live video from Senate chambers shows a woozy Franken getting some much-needed shuteye as Kagan explains her intellectual approach to life and teachings in her opening statement to the Senate.

 

But Franken, the most junior member of the Judiciary Committee, had already been forced to sit through an endless round of statements from his senior colleagues on the 19-member panel as they droned on and on and on in the crowded Washington chamber.

 

When it finally came time for Kagan herself to speak, Franken had apparently had enough.

 

"I've learned that we make progress by listening to each other," said Kagan hopefully, as Franken slowly closed his eyes and appeared to doze off.

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