We know that the framers studied Blackstone's Commentraties on the Laws of England, Littleton on Tentures and Coke on Littleton, and the like. The Federalist Papers are loaded with references to the law of all sorts of countries from various times. So it is ignorant even on originalist terms to blow off the law of other countries. S is of course right that foreign law isn't use law except by treaty. But that's not the point. jks
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Well, it would certainly be remiss of Justice Scalia to stop killing the feeble minded, if he could find no reason not to.
Evidently, Scalia's advocacy for the practice rests on his own personal principle that the Supreme Court has no authority to consider international laws and practices on human rights. However this argument is completely fallacious, since the US Constitution does not prohibit the Supreme Court from taking into consideration such principles and practices.
The only limits to such implicit considerations is if Congress through its `Exceptions, and under such Regulations' (Art III, sec 2) has so restricted the Court. Therefore it appears that Justice Scalia in his personal objection has usurped Congressional prerogatives.
``International notions of justice are...not always those of our people.''
Clearly.
Chuck Grimes