Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition

32 Pages Posted: 3 Dec 2008

See all articles by Paul Finkelman

Paul Finkelman

Gratz College; Albany Law School - Government Law Center

Date Written: 2007

Abstract

This article offers a correction to the arguments of Justices Scalia and Thomas that the Supreme Court should not use foreign law (except perhaps in interpreting treaties), because it would violate the original intent of the Framers.

Suggested Citation

Finkelman, Paul, Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition (2007). NYU Annual Survey of American Law, Vol. 63, 2007-2008. Available at SSRN: https://ssrn.com/abstract=1310733

Paul Finkelman (Contact Author)

Gratz College ( email )

7605 Old York Road
Melrose Park, PA 19027
United States

Albany Law School - Government Law Center

80 New Scotland Avenue
Albany, NY 12208
United States

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