Day By Day© by Chris Muir.

Friday, March 11, 2005

The Supreme Court's dangerous and illogical Eurocentrism

As part of a longer column printed in its entirety in the Right Wing News , CavalierX launches this compelling attack on the Supreme Court's increasing tendency to abandon American law, and ally itself with European law:

In one instance, the Supreme Court effectively overturned the Tenth Amendment in the Lawrence v. Texas decision when they removed the right of Texas to make its own laws regarding sodomy. The Tenth Amendment states, 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.' Justice Anthony Kennedy noted in the decision that the European Court of Human Rights and other foreign courts had affirmed the 'rights of homosexual adults to engage in intimate, consensual conduct.' He also mentioned that privacy for gay men and women 'has been accepted as an integral part of human freedom in many other countries.' Yet the Supreme Court didn't balance this blatant Eurocentrism by ruling that women should be stoned for exposing the upper part of their feet, or that anyone who didn't bow to President Bush's portrait should be sent to a concentration camp to mine coal and make soccer balls for cheap export. If they were taking foreign laws and attitudes regarding homosexuality into account when making their decision, why didn't they rule that, as Shari'a law states, the Texas legal system should 'Kill the one who does it and the one to whom it is done?' It's obvious that the Supreme Court made a decision not based on the Constitution, but their own prejudices and attitudes, then sought precedents by which to explain it.
I should add here that, if you're linking to the post, be prepared for the fact that CavalierX describes in some detail the grisly crimes committed by the other 17 year olds currently on death row -- you know, the crimes that the Supreme Court essentially said were committed solely because the perpetrators were just in the thrall of youthful high spirits, for which they cannot be held accountable.