Justice Kennedy's New Rule of Law

[political_invader]

http://newsmax.com/archives/articles/2005/9/12/214140.shtml

I hope you will read this entire article a freeper friend of mine who I actually enjoy debating with has sent this to me, claiming that Roberts is to MODERATE to be a repub ( LMAO ) However he also claims that no Justice has the right to look outside the constitution in deciding a case that he/she is confronted with.

Here is this article it shows that Justice Kennedy and others have looked at foreign law to assist in making rulings.

IMO the Constitution is a living, breathing entity which MUST adapt with the times so looking at foreign law to ASSIST with a ruling should be looked at, But should not take PRECEDENCE.

[mongo]

1. Well, especially when taken in context

which was trying to decide what the phrase "cruel and unusual punnishment" means - it only makes sense to look at what other civilized nations have to say in the matter.

They didn't look at foreign law to make a decision - they looked at the policies of the world to decide what the phrase means.