[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 568 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 568

  Expressing the sense of the House of Representatives that judicial 
 determinations regarding the meaning of the laws of the United States 
 should not be based on judgments, laws, or pronouncements of foreign 
  institutions unless such foreign judgments, laws, or pronouncements 
  inform an understanding of the original meaning of the laws of the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2004

Mr. Feeney (for himself, Mr. Goodlatte, Mr. Ryun of Kansas, Mr. King of 
  Iowa, Mr. Souder, Mr. Chabot, Mr. Smith of Texas, Mr. Shadegg, Mr. 
  Hostettler, Mr. Pitts, Mr. Herger, Mr. Forbes, Mrs. Jo Ann Davis of 
 Virginia, Mr. Franks of Arizona, Mr. DeLay, Mr. Bartlett of Maryland, 
  Mrs. Musgrave, Mr. Pearce, Mr. Otter, Mr. Akin, Mr. Jones of North 
Carolina, Mr. Crane, Ms. Harris, Mr. Smith of New Jersey, Ms. Hart, Mr. 
    Pickering, Mr. Keller, Mr. Tiahrt, Mrs. Blackburn, Mr. Green of 
    Wisconsin, Mr. Weldon of Florida, Mr. Goode, Mr. Culberson, Mr. 
Sullivan, Mr. Garrett of New Jersey, Mr. Wilson of South Carolina, Mr. 
 Sam Johnson of Texas, Mrs. Cubin, Mr. Blunt, Mr. Tancredo, Mr. Camp, 
 Mr. Hoekstra, Mr. Cantor, Mr. Chocola, Mr. Kline, Mr. Hensarling, Mr. 
Smith of Michigan, Mr. Istook, Mr. Aderholt, Mr. Lewis of Kentucky, Ms. 
Ginny Brown-Waite of Florida, Mr. Cannon, Mr. Pence, Mr. Sensenbrenner, 
Mr. Ose, Mr. Neugebauer, Mr. Toomey, Mr. Rogers of Alabama, Mr. Renzi, 
 and Mr. Flake) submitted the following resolution; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives that judicial 
 determinations regarding the meaning of the laws of the United States 
 should not be based on judgments, laws, or pronouncements of foreign 
  institutions unless such foreign judgments, laws, or pronouncements 
  inform an understanding of the original meaning of the laws of the 
                             United States.

Whereas the Declaration of Independence announced that one of the chief causes 
        of the American Revolution was that King George had ``combined to 
        subject us to a jurisdiction foreign to our constitution and 
        unacknowledged by our laws'';
Whereas the Supreme Court has recently relied on the judgments, laws, or 
        pronouncements of foreign institutions to support its interpretations of 
        the laws of the United States, most recently in Lawrence v. Texas, 123 
        S.Ct. 2472, 2474 (2003);
Whereas the Supreme Court has stated previously in Printz v. United States, 521 
        U.S. 898, 921 n.11 (1997), that ``We think such comparative analysis 
        inappropriate to the task of interpreting a constitution . . .'';
Whereas Americans' ability to live their lives within clear legal boundaries is 
        the foundation of the rule of law, and essential to freedom;
Whereas it is the appropriate judicial role to faithfully interpret the 
        expression of the popular will through laws enacted by duly elected 
        representatives of the American people and our system of checks and 
        balances;
Whereas Americans should not have to look for guidance on how to live their 
        lives from the often contradictory decisions of any of hundreds of other 
        foreign organizations; and
Whereas inappropriate judicial reliance on foreign judgments, laws, or 
        pronouncments threatens the sovereignty of the United States, the 
        separation of powers and the President's and the Senate's treaty-making 
        authority: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
judicial determinations regarding the meaning of the laws of the United 
States should not be based in whole or in part on judgments, laws, or 
pronouncements of foreign institutions unless such foreign judgments, 
laws, or pronouncements are incorporated into the legislative history 
of laws passed by the elected legislative branches of the United States 
or otherwise inform an understanding of the original meaning of the 
laws of the United States.
                                 <all>