[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[Extensions of Remarks]
[Pages E1248-E1249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE REAFFIRMATION OF AMERICAN INDEPENDENCE RESOLUTION

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                         Thursday, May 21, 2009

  Mr. GOODLATTE, Madam Speaker, Article VI of the U.S. Constitution 
declares that ``this Constitution, and the laws of the United States 
which shall be made in pursuance thereof . . . shall be the supreme law 
of the land.'' Since its beginning, our nation has operated under the 
fundamental principle that the people of the United States should 
determine their own destiny.
  However, recently there has been a deeply disturbing trend in 
American jurisprudence. The Supreme Court, the highest court in the 
land, has begun to look abroad, to international laws, regulations and 
opinions to interpret the U.S. Constitution. This is a very frightening 
prospect considering these materials are crafted by bureaucrats and 
non-governmental organizations with virtually no democratic input.
  This new trend is a threat to both our Nation's sovereignty and the 
democratic underpinnings of our system of government. Our Nation's 
founders acknowledged this very danger when they decried in the 
Declaration of Independence that King George had ``combined to subject 
us to a jurisdiction foreign to our constitution and unacknowledged by 
our laws.''
  The contrast between this language in the Declaration of Independence 
and that of many of our Supreme Court justices could not be clearer. 
Justice Ruth Bader Ginsburg told the New York City Bar Association in 
2005, ``I will take enlightenment wherever I can get it. I don't want 
to stop at a national boundary.''

[[Page E1249]]

  Former Supreme Court Justice Sandra Day O'Connor made the prediction 
that the Supreme Court will rely ``increasingly on international and 
foreign courts in examining domestic issues . . .,'' as opposed to 
relying solely on our Constitution as the basis for its rulings.
  Indeed, with the laws of an entire world of nations to choose from, 
citing foreign laws and opinions encourages cherry-picking the foreign 
precedents that suit the desired outcome of the one citing them. It 
promises to be a very convenient tool for any federal judge or justice 
seeking to stretch the meaning of our Constitution beyond its original 
meaning.
  As elected representatives of the people, we cannot stand by and let 
this occur any longer. We must return the focus of federal judges to 
their role as interpreters of the Constitution, not importers of 
foreign laws and opinions.
  The Supreme Court is charged with making final pronouncements about 
our Constitution, which is uniquely American. Each of our nation's 
judges, as well as Supreme Court justices, took an oath to defend and 
uphold the U.S. Constitution--and it is time that Congress reminds 
these unelected officials of their sworn duties.
  That is why I am introducing this resolution today, which expresses 
the sense of Congress that Federal judges and justices should not cite 
foreign judgments, laws, or pronouncements when interpreting the U.S. 
Constitution. This common sense resolution sends a strong, clear 
message that the Congress is not willing to simply stand idly by and 
see our nation's sovereignty weakened.
  I believe the judicial branch is guaranteed a very high level of 
independence when it operates within the boundaries of the U.S. 
Constitution. However, when judges and justices begin to operate 
outside of those boundaries, Congress must respond. We must be 
steadfast guardians of the freedoms that are protected in the 
Constitution of the United States of America.
  I urge the Members of this body to support this important resolution.

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