§ Do you believe that it is the proper role of a justice of the Supreme Court to decide cases based on whether the decision will influence the jurisprudence of foreign courts? If so, how great a factor should the desire to influence foreign courts play in interpreting the Constitution?
§ By what criteria should foreign decisions be cited? Should the Court really be looking to adopt norms outside of the American tradition when deciding cases regarding controversial “values” issues such as the death penalty and homosexuality?
§ What exactly constitutes the mainstream of human thinking? Since much of American constitutional jurisprudence falls outside of the mainstream, why would we want to allow America’s less republican neighbors in the world community to influence the Court’s decisions?
Over the last several years, The Heritage Foundation has given away more than three million copies of the U.S. Constitution, which Supreme Court justices take an oath to defend and uphold.
Judge Sotomayor needs a friendly reminder that the Constitution -- despite being small enough to slip inside a jacket pocket -- is big enough to govern our continental nation. And her job, if the full Senate approves her, would be to consult that document for guidance, not foreign laws or policies.
Senators should press Sotomayor to explain her stance on the use of foreign law -- and pay close attention to her answers.