32 Pages Posted: 3 Dec 2008
Date Written: 2007
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: 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