Stick to the Constitution

Fire of Liberty

What part of United States Supreme Court Justice does Justice Steven Breyer not understand. If you're going to sit on the highest court of the land then I think it's best that you place a greater emphasis on the US Constitution and US Case Law rather than laws created by other countries or supranational entities like the UN or the International Criminal Court. I you want to know what various conservatives mean when they note their utter disdain of "activist judges," then Stephen Breyer is a chief example. Unlike a strict constructionist or originalist like Scalia or Thomas who make their judgments based solely on the US Constitution, judges in the mold of Breyer seem to magically pull their judgments out of thin air or tend to drift out of the nation in search of judgments more conducive to their opinions. So I'd say our judges need to stick to the US Constitution that our wise founding fathers formulated some 216 years ago. It has worked so far, let's not ruin it with such silly notions.

For further reading on US Supreme Justices steering themselves further and further into the "activist" camp of justice and welcoming international law with open arms, check out this piece over at Tech Central Station by Sandy Schulz. Also, look at Judge Robert H Bork's wonderful book Coercing Virtue: The Worldwide Rule of Judges.