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| Yes | 37% | 87 votes | Total: 235 votes | |
| No | 63% | 148 votes |
Yes
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Add to FavoritesIm not calling anyone names here nor going against our nations honor for good cause;
I find the arguments like the constitution immoral! What is valid is the ethics within the framework of the issue, whatsoever that may be. Being a world of living creatures, only one methodology prevails JUSTICE over INJUSTICE and no constitution man can write, shall evolve into the future, as a living testament of Humanity and the ways of men amongst men.
Intelligent minds know commandments and bills of rights can be etched in whatsoever parameters, fit a precise ideology yet only honorable men of stature shall have the capacity to distinguish, the moral, what is a real time ethical resolution for battles in court room disputes. People are alive words written are not!
We are missing one gear in our transmission of the will of the people REAL TIME VOTING. We pay our taxes in real time, can even do our banking with confidence, in a secure environment, on the phone or the Internet. LETS VOTE THAT WAY NOW!
We are only a democracy when the will of us commands those who represent our command.
When we are forced to have faith in it (our government), it is a religion!
When our representatives command us, we violate the duty in the Declaration of Independence! Where it clearly provides that freedom and liberty are at the cost of 'maintenance', of our right to express our order, upon the agents of our representation. It is very clear to me and should never be confusing for any of us:
=WE 'ARE' "THE BOSS"=! Its just a business WE OWN IT! Its agents including presidents are our employees[.]
When you understand our authority and you allow the men amongst men, who are small in number, to be our and your boss, it becomes as today a re-public "we the people" must see through the crappy crap! These mindsets must be understood DEMOCRACY must follow the will of the people! Not a gang of them "US"! Being whomsoever has the will to vote what they understand should be best for all!
This is the 21st century the pony express quit running, about when vote cards started becoming popular and they have no place in any voting system at this stage in our technology, now "DO THEY"? OTHERWISE George would have been in a model A trying to get to the white house and it couldn't have saved him from the fury of the mob. Now that would provide another article title for intellectual discern.
Oh yea where was I oh yea International law is a relevant discernment of the totality of a greater number of moral mindsets than just our tiny little supreme court 'gents'. Back to what is a democracy? We are few they are many yet our gang rules over them? Thats no democracy now is it? Lets sort out the reality from the fantasy or lies however we shall view them, they must be clearly independent of each other as true entities independent of each other the strong stand true the weak fail to stand up in our moral image of them.
They may be honorable and wise but they are by no means the moral majority of the UNITED STATES OF AMERICA yet they swing their judicial gavels as though WE THE PEOPLE are right there backing their decisions, when in fact, they have provided little or nothing, to prove to us, they are worthy, to wear those costumes HONORABLE DECISION'S HAVE DEFINITIONS that are well written! Historically this has proved to be the methodology. WHATS UP? Moral resolutions aren't secrets no mortal mind can follow how about some written truth in decitions for public decernment they work for us too if they arent doing the job we have a right to know and judge ourselves their performance or lack of it! You may not comprehend some of the words although there are many minds that do that are altruistic! They share their minds for a treasure common men have little concept of and ask for nothing never...Just being honest brings honorable men to heavens realm within they need no more than that.
Things will change and heads will roll in real time when we do our duty! You will see our government agents stand strong, as true to us or they shall be in the unemployment lines: IN REAL TIME. SAVVY
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No
The United States Supreme Court, as established in the US Constitution, is authorized to rule on the constitutionality of all laws within its jurisdiction. However, there has recently been an increase in the number of judicial opinions citing either international law or the laws of foreign nations when US Courts render a decision. It has even been observed that some Supreme Court Justices have started basing certain parts of their opinions on the laws and policies of other countries.
This begs the question, "Should international law have a significant effect on decisions rendered by the United States Supreme Court (SCOTUS)?
To answer this question, we must ascertain the jurisdiction of the courts of the United States, the possible impact of utilizing international citations in our judicial decisions, and finally, the constitutionality of our courts utilizing laws other than our own to render their decisions.
First, as the name clearly states, the Supreme Court of the United States' jurisdiction incorporates all matters that occur inside of the United States*, or that effect a legal entity inside of the United States. SCOTUS also is tasked with rendering decisions based upon the laws and statutes of the United States. The SCOTUS cannot make rulings on international law, nor can they render decisions concerning matters that occurred outside of the United States unless such case involves a branch of the US Government or an entity inside of the US.
Second, we must measure the possible impact of utilizing international citations in our own national justice system. The impact must be measured not simply in the direct impact, but also on the possible precedents that are being set, not simply in that specific type of case, but in the usage of international law itself.
The final basis on which to decide whether to utilize international law in a legal opinion is whether it violates the separation of powers indicated in the US Constitution. As the Constitution states: "All legislative Powers herein granted shall be vested in a Congress of the United States,". Thus, the judicial branch of the US Government has absolutely no power to create or dictate law in the United States.
Any case that appears before a US Court, whether civil or criminal, must be tried under existing law that has been created by the US Congress. If any court of the United States renders a decision based upon international law, the logical question would be whether this is a tacit "creation" of a law based upon legal precedent.
Based upon an analysis of the US Constitution, and based upon the jurisdictional limits of SCOTUS, I believe that the usage of international law in deciding local cases, even to the level of the SCOTUS would be incorrect, and would have the impact of undermining existing US Federal and/or State law. This would violate our national sovereignty and our right as a nation to dictate our own laws, and to protect and defend our citizens.
*Note: When discussing the jurisdiction of the Supreme Court of the United States, the usage of the term United States also includes all territories and protectorates in which SCOTUS has been given jurisdiction by treaty or accord.
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