The Death Penalty and the Debate over the U.S. Supreme Court’s Citation of Foreign and International Law (original) (raw)

BACKGROUND Is it appropriate to use foreign and international law to interpret the United States Constitution? Should the United States Supreme Court be permitted to cite foreign and international law in interpreting the U.S. Constitution? (1) These questions have generated much interest and controversy. While many justices and commentators endorse citations to foreign and international law, others have argued that it is inappropriate to interpret the U.S. Constitution based on non-U.S. law. (2) Indeed, the appropriateness of using foreign and international law in interpreting the U.S. Constitution is arguably the most controversial jurisprudential issue in recent years. It has invoked impassioned rhetoric and violent death threats aimed at Justice Ginsburg and former Justice O'Connor (3) and has spawned an impressive, ever-growing body of literature comprised of articles by justices, (4) legal commentators, (5) and journalists. (6) Outside the pages of the Court's official ...