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Religion & Law

: Constitutionally Correct

Not a Transnationalist. Some (Really) Early Thoughts on Judge Sotomayor

By ADF Alliance Alert

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Opinio Juris: ". . . my very quick scan suggests that, whatever else her critics can say, her judicial record does not suggest she will be a particularly 'transnationalist' justice . . . While ruling for the government, Judge Sotomayor went out of her way to reject the government?s argument that the fact that the criminal statute was enacted to implement treaty obligations should automatically satisfy judicial scrutiny of the statute?s constitutionality. 'The Court agrees with defendant, however, that this begs the question: ?[N]o agreement with a foreign nation can confer power on the Congress, or on any branch of Government, which is free from the constraints of the Constitution.'' (Citing Reid v. Covert, 353 1, 16 (1957)).'"

Full post as published by Constitutionally Correct on May 29, 2009 (boomark / email).

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