Thursday, June 16, 2005

More on Foreign Influences

That is very helpful Peggy. I think you raise some interesting arguments regarding selective appeal to foreign opinion and provide a useful critique of Kontorovich.

This underscores for me yet again what is most interesting in the debate about originalist appeals to reliance on foreign opinions in constitutional adjudication. It is that the internationalists have been quite successful in using this one passing reference in the Declaration as a critical vehicle to frame the debate. We thus debate the motives of the draftsmen of that document and try to analogize from their motives what our motives should be in dealing with foreign opinion today.

My point in citing to Washington’s Farewell Address is that reliance on the Declaration’s language is no more legitimate (indeed arguably is less legitimate) than reliance on Washington’s Farewell Address. The Declaration was a 1776 appeal to foreigners to support the American revolutionary cause. Washington’s Farewell Address was a 1796 appeal to Americans for support in the American republican cause. It was a valedictory speech by Washington (and the original draftsman Hamilton) to his fellow Americans on how they should run the country now that he was exiting the stage. Washington’s message, as discussed at length in Joseph Ellis’ book, His Excellency, was that Americans should be very suspicious in foreign relations. Why? In large part because in his view their motives are not pure and their conduct is intended solely to further their own national interests, not the American cause. (I'm not suggesting that is my view of foreign relations today, but it most certainly was our Founding Father's view.)

I should again emphasize that I do not think it is appropriate to rely on either the Declaration of Independence or Washington’s Farewell Address to help us decide whether we should rely on foreign opinion in constitutional interpretation. Had the Constitution provided some guidance on the question, that would be another matter. But unlike some modern constitutions, our Constitution gives us precious little guidance.

Thus, I am not suggesting that nationalists should use the Farewell Address as an originalist appeal to advance the cause of non-reliance on foreign opinion in constitutional adjudication. But they could use it to rebut the internationalist assertions of founders’ intent based on proof-texting from the Declaration of Independence.


Blogger ninest123 Ninest said...

ninest123 08.04
oakley sunglasses, nike air max, michael kors outlet, prada outlet, tiffany jewelry, louboutin shoes, nike outlet, michael kors outlet online, kate spade outlet, tiffany jewelry, burberry factory outlet, oakley sunglasses, coach outlet, michael kors outlet online, michael kors handbags, longchamp outlet, chanel handbags, michael kors, nike air max, kate spade, coach purses, nike free, replica watches, cheap jordans, ray ban sunglasses, prada handbags, louboutin uk, gucci handbags, burberry outlet, michael kors outlet store, true religion outlet, ralph lauren polo, ray ban sunglasses, coach outlet, coach outlet store online, oakley sunglasses, longchamp outlet, christian louboutin, christian louboutin, ralph lauren outlet, tory burch outlet, longchamp bags

8/03/2015 10:11 PM  
Blogger ninest123 Ninest said...

nike air force, jordan pas cher, vans pas cher, abercrombie and fitch UK, vanessa bruno pas cher, nike blazer pas cher, nike air max, true religion outlet, polo lacoste pas cher, michael kors uk, nike air max pas cher, lunette ray ban pas cher, north face pas cher, louboutin pas cher, longchamp soldes, michael kors, hermes pas cher, converse, nike air max uk, nike air max uk, nike free, polo ralph lauren uk, burberry pas cher, longchamp pas cher, nike free pas cher, nike roshe run pas cher, north face uk, mulberry uk, lululemon outlet, hollister uk, michael kors outlet online, true religion outlet, timberland pas cher, nike tn pas cher, ray ban uk, lunette oakley pas cher, hogan sito ufficiale, new balance, sac guess pas cher, true religion jeans, abercrombie and fitch, ralph lauren pas cher

8/03/2015 10:12 PM  
Blogger ninest123 Ninest said...

beats by dre, babyliss pro, nike roshe run, hollister clothing, abercrombie, mcm handbags, p90x workout, nike trainers uk, wedding dresses, softball bats, timberland boots, insanity workout, nike air huarache, instyler ionic styler, herve leger, lululemon outlet, north face outlet, asics running shoes, new balance shoes, valentino shoes, mac cosmetics, chi flat iron, hermes handbags, iphone 6 cases, nfl jerseys, nike air max, soccer jerseys, soccer shoes, celine handbags, nike roshe uk, oakley, reebok outlet, salvatore ferragamo, north face outlet, giuseppe zanotti, abercrombie and fitch, ghd hair, mont blanc, vans outlet, bottega veneta, jimmy choo outlet, longchamp uk

8/03/2015 10:14 PM  
Blogger ninest123 Ninest said...

coach outlet, pandora jewelry, ugg,uggs,uggs canada, hollister, pandora uk, converse shoes outlet, ugg,ugg australia,ugg italia, pandora charms, vans scarpe, ray ban, toms shoes, ugg pas cher, gucci, bottes ugg pas cher, uggs on sale, converse, replica watches, swarovski jewelry, thomas sabo uk, uggs on sale, wedding dresses uk, uggs outlet, supra shoes, marc jacobs, uggs on sale, juicy couture outlet, links of london uk, louboutin, ugg uk, juicy couture outlet, polo ralph lauren, hollister, montre pas cher, karen millen uk, lancel, swarovski uk, nike air max, uggs outlet
ninest123 08.04

8/03/2015 10:17 PM  

Post a Comment

<< Home