The Supreme Law of the Land

Article VI of the United State Constitution 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. . . ” Our Founders thought it wise that our blossoming nation should remain sovereign and that the laws of this land should rule.  At least one current Supreme Court Justice could not disagree more.

Gina Parker Ford

Recently, Justice Ruth Bader Ginsburg spoke to students and reporters at the Moritz College of Law at Ohio State University about her concerns that the U.S. Supreme Court was not considering foreign laws in their decisions. She commented, “I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law.”

Trying to persuade those who disagree, Justice Ginsburg likes to reference the Canadian Supreme Court, noting they are regularly cited around the globe reasoning, “You will not be listened to if you don’t listen to others.”

In addition to her support of considering foreign laws for cases before the Court, Justice Ginsburg also discussed her role as a litigator advancing women’s rights prior to being nominated to the Court in 1993.  Do you think she would be open to one of Afghanistan’s newest laws which provides a husband can demand sex with his wife every four days and regulates when and for what reasons a wife may leave her home?  I doubt it.  

Before jumping off the proverbial cliff, perhaps Justice Ginsburg should consider not only the difference in American laws, but also the fact that “We the People” are able to monitor our laws and change those that are unreasonable.  As Chief Justice Roberts stated during his confirmation hearing, “If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge…and yet he’s playing a role in shaping the law that binds the people in this country.”

We have already seen the affects of international law has had on some Supreme Court cases including, Roper v. Simmons, 543 U.S. 551 (2005).  This is the case that ultimately banned the death penalty for anyone under the age of 18.  The facts surrounded two 17 year olds who stalked, kidnapped, then duct-taped a woman, and threw her off a bridge – killing her.  Despite the premeditated, heinousness of this crime, the Court looked to the laws of Iran, Pakistan, and China to name a few.  Is this the example Justice Ginsburg wants to set?  

As Chief Counsel for the American Center for Law and Justice (ACLJ), Jay Sekulow, commented, “The Obama Administration – through its foreign and economic policies – is embracing an ideology of global governance – a strategy that may put at risk our national sovereignty – our constitutional framework. . . The U.S. is a sovereign world leader and must not surrender its autonomy.”  

Who will the Obama Administration appoint to the U.S. Supreme Court?  Will they continue down the path of eroding our national sovereignty?  As Phyllis Schlafly opined, “It should be the Senate’s duty to require all judicial nominees to proclaim their fealty to the U. S. Constitution as written and their rejection of the use of any foreign laws or courts.”

Gina Parker Ford - CEO of Dental Creations, Ltd., a dental manufacturing company, and a successful attorney - is the National Eagle Forum Chairman for Judicial Reform. Mrs. Ford is immediate past chairman of the Texas Department of Licensing and Regulation. She serves on the American Family Radio Advisory Board (Texas), and she was both the former Republican Party of Texas Treasurer and Associate General Counsel.