[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 468 Introduced in House (IH)]






108th CONGRESS
  1st Session
H. RES. 468

Expressing disapproval of the consideration by Justices of the Supreme 
Court of the United States of foreign laws and public opinion in their 
decisions, urging the end of this practice immediately to avoid setting 
 a dangerous precedent, and urging all Justices to base their opinions 
   solely on the merits under the Constitution of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

 Mr. Graves submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Expressing disapproval of the consideration by Justices of the Supreme 
Court of the United States of foreign laws and public opinion in their 
decisions, urging the end of this practice immediately to avoid setting 
 a dangerous precedent, and urging all Justices to base their opinions 
   solely on the merits under the Constitution of the United States.

Whereas each Justice of the Supreme Court of the United States takes a judicial 
        oath, which states the following: ``I do solemnly swear (or affirm) that 
        I will administer justice without respect to persons, and do equal right 
        to the poor and to the rich, and that I will faithfully and impartially 
        discharge and perform all the duties incumbent on me as [Justice of the 
        Supreme Court of the United States] under the Constitution and laws of 
        the United States.'';
Whereas section 1 of article III of the Constitution states the following: ``The 
        judicial power of the United States, shall be vested in one Supreme 
        Court, and in such inferior courts as the Congress may from time to time 
        ordain and establish. The judges, both of the supreme and inferior 
        courts, shall hold their offices during good behaviour, and shall, at 
        stated times, receive for their services, a compensation, which shall 
        not be diminished during their continuance in office.'';
Whereas paragraph 1 of section 2 of article III of the Constitution states the 
        following: ``The judicial power shall extend to all cases, in law and 
        equity, arising under this Constitution, the laws of the United States, 
        and treaties made, or which shall be made, under their authority;--to 
        all cases affecting ambassadors, other public ministers and consuls;--to 
        all cases of admiralty and maritime jurisdiction;--to controversies to 
        which the United States shall be a party;--to controversies between two 
        or more states;--between a state and citizens of another state;--between 
        citizens of different states;--between citizens of the same state 
        claiming lands under grants of different states, and between a state, or 
        the citizens thereof, and foreign states, citizens or subjects.'';
Whereas paragraph 2 of section 2 of article III of the Constitution states the 
        following: ``In all cases affecting ambassadors, other public ministers 
        and consuls, and those in which a state shall be party, the Supreme 
        Court shall have original jurisdiction. In all the other cases before 
        mentioned, the Supreme Court shall have appellate jurisdiction, both as 
        to law and fact, with such exceptions, and under such regulations as the 
        Congress shall make.'';
Whereas paragraph 3 of section 2 of article III of the Constitution states the 
        following: ``The trial of all crimes, except in cases of impeachment, 
        shall be by jury; and such trial shall be held in the state where the 
        said crimes shall have been committed; but when not committed within any 
        state, the trial shall be at such place or places as the Congress may by 
        law have directed.'';
Whereas section 1 of article I of the Constitution states the following: ``All 
        legislative powers herein granted shall be vested in a Congress of the 
        United States, which shall consist of a Senate and House of 
        Representatives.'';
Whereas section 1 of article II of the Constitution states the following: ``The 
        executive power shall be vested in a President of the United States of 
        America.'';
Whereas Associate Justice Anthony M. Kennedy's opinion for the Supreme Court of 
        the United States in Lawrence v. Texas, 123 S.Ct. 2472, 2483 (2003), 
        refers to decisions of the European Court of Human Rights and other 
        courts and states the following: ``Other nations, too, have taken action 
        consistent with an affirmation of the protected right of homosexual 
        adults to engage in intimate, consensual conduct. The right the 
        petitioners seek in this case has been accepted as an integral part of 
        human freedom in many other countries.'';
Whereas Associate Justice John Paul Stevens's opinion for the Court in Atkins v. 
        Virginia, 536 U.S. 314, 316 (2002), refers to opinions of the national 
        and world communities and states the following: ``The practice, 
        therefore, has become truly unusual, and it is fair to say that a 
        national consensus has developed against it.'';
Whereas Associate Justice Steven G. Breyer's dissenting opinion in the denial by 
        the Court of the petition for a writ of certiorari in Knight v. Florida, 
        528 U.S. 990 (1999), cites foreign sources of law, including the courts 
        of Canada, India, Jamaica, and Zimbabwe, as well as the United Nations; 
        and
Whereas Associate Justice Ruth Bader Ginsburg stated in a speech to the American 
        Constitution Society that judges ``are becoming more open to comparative 
        and international law perspectives.'': Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) reminds the Justices of the Supreme Court of the United 
        States of the judicial oath they took as a precondition to 
        assuming their responsibilities;
            (2) reminds the Justices that the United States was founded 
        for the purposes of self-government;
            (3) reminds the Justices that the executive and legislative 
        branches of the Federal Government are the only branches whose 
        officers are elected by the people of the United States;
            (4) expresses its disapproval of the consideration of 
        foreign laws and opinions in the decisions of the Court;
            (5) advises the Justices not to incorporate foreign laws or 
        opinions in future decisions of the Court;
            (6) advises the Justices not to incorporate public opinion 
        when performing their duty to uphold the Constitution; and
            (7) urging all Justices to base their opinions solely on 
        the merits under the Constitution of the United States.
                                 <all>