Has the Supreme Court Lost its Way?

Representative Ted Poe (R-TX)gave an address to Congress on the Supreme Court:

Mr. Speaker, I rise tonight to ask a question, and that question is relatively simple. By what legal authority do justices of our Supreme Court use foreign world tribunals, global opinion, and the philosophy of European elites in making their decisions, those decisions that affect all Americans of this Nation? By what license, by what authority do members of America’s highest court ignore our Constitution, the Constitution they took an oath to defend, and why do they cite foreign court decisions at all, decisions from England, the European Union, the World Court, Belgium, and numerous other nations? The Constitution clearly does not give them the power to abandon the scriptures of the Constitution. So where do they obtain such authority? Mr. Speaker, has the Supreme Court lost its way?

It is an excellent analysis of why the Supreme Court should be looking to the Constitution and not to foreign law to render its decisions.

He concludes:

Thomas Jefferson, who I cited earlier in writing the Declaration of Independence, years later, in 1820, saw the bleak future for our judiciary and predicted future judicial subversion. He said, “The judiciary of the United States is the subtle core of individuals and miners constantly working underground to undermine the foundations of our fabric. A judiciary independent of a king or executive alone is a good thing, but independence of the will of the Nation is a travesty.” And that will of the Nation, Mr. Speaker, is the Constitution uttered straight from the will of the people. Let us remember some of its words. How about the first words of the Constitution to bring us back, back home, back to a perspective of our law. Those words that say, “We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

The Constitution belongs to the people. It is ordained by the people. It does not belong to the Supreme Court for them to bend, rewrite, reinvent, or ignore it under any circumstances. Section 1 of the Constitution dictates that “The judges, both of the Supreme Court and inferior courts, shall hold their offices during good behavior. I ask this question: Mr. Speaker, does citing foreign court opinions constitute good behavior? History will reveal whether it does or does not. If, however, I carried on like this in my courtroom in Texas, I would have been removed from the bench, and rightfully so. People from where I come from would not stand for a judge citing foreign courts to make decisions that affect Americans.

Perhaps the Justices, Mr. Speaker, should think long and hard about the meaning of good behavior. Serving this Nation is a privilege; it is not a right. We are all accountable to the Constitution that have taken an oath to defend the Constitution.

All of us in this body, this House of the people, this House of Representatives took an oath, an oath that people throughout the lands have taken, people from school boards, police officers, firefighters, city councils, mayors, big cities, and little cities, legislators, Members of Congress; all judges, State, local, and Federal, and the judges of the Supreme Court. We have all taken the same simple and solemn oath, to preserve, protect, and defend the Constitution of the United States. We owe it to the American people, we owe it to the Constitution, to follow that oath. That is our duty. That is our obligation, and we can do nothing but follow that oath.

The article should be read by anyone who is interested in The Supreme Court.

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