Alito Confirmation Hearings: on Foreign Policy

Tom Coburn: Justices citing foreign law is bad behavior

SEN. COBURN: Many on the Supreme Court today will pick and choose the foreign law to help them make a decision to interpret our Constitution, where, in fact, the oath of office mentions no foreign law. As a matter of fact, the obligation is to use the United States law, the Constitution and the treaties. And that's exactly what Article III, Section 2, says. There's no reference at all to foreign law in terms of your obligations or your responsibility. And I personally believe that that's an indication of not good behavior by a justice, whether it be a justice at an appellate division or a magistrate or a Supreme Court justice.

ALITO: I don't think that we should look to foreign law to interpret our own Constitution. I don't think that it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution. I think the framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world.

Source: Sam Alito Senate Confirmation Hearings Jan 11, 2006

Samuel Alito: Don't look to foreign law for civil rights interpretation

I don't think that foreign law is helpful in interpreting the Constitution. Our Constitution does two basic things: It sets out the structure of our government and it protects fundamental rights. The structure of our government is unique to our country, and so I don't think that looking to decisions of constitutional courts in other countries is very helpful.

As for the protection of individual rights, I think that we should look to our own Constitution and our own precedents. Our country has been the leader in protecting individual rights. We have our own law. We have our own traditions.

There are other legal issues that come up in which I think it's legitimate to look to foreign law. For example, if a question comes up concerning the interpretation of a treaty that's been entered into by many countries, I don't see anything wrong with seeing the way the treaty has been interpreted in other countries.

Source: Sam Alito Senate Confirmation Hearings Jan 10, 2006

The above quotations are from Samuel Alito, Senate confirmation hearings for his Supreme Court nomination, January 2006 (plus commentary). Click here for definitions & background information on Foreign Policy. Click here for more quotes by Sam Alito on Foreign Policy. Click here for more quotes by George W. Bush on Foreign Policy.
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