Associate Justice Anthony Kennedy has once again demonstrated why the Supreme Court needs justices who have a proven track record of fidelity to the Constitution. Last week Kennedy spoke to a meeting of the International Bar Association in Washington, D.C. and endorsed the implementation of international law in Supreme Court decisions:
“Is the Supreme Court being controlled by international institutions, international laws? No,” Kennedy said emphatically. “We’re saying we can look elsewhere to see what works, what’s just and what fits with our Constitution. … The framers wanted us to do that.”
Kennedy is obviously wrong. As the Constitution’s Supremacy Clause states: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land[.]” I don’t see any reference to other countries’ laws in there. Do you?