What's Wrong With This Syllogism?
If (1) Justice Breyer thinks reference to foreign law is appropriate to understand structural guarantees; and (2) Congress is constitutionally authorized to regulate the jurisdiction of federal courts; then (3) Justice Breyer should rely on foreign law to shed light on this structural power.
If this syllogism is correct, then I suppose that if (1) a foreign constitution grants the legislature the absolute right to remove any matter from judicial review; and (2) Congress resolves to preclude federal court reliance on foreign law; then (3) Justice Breyer should rely on this foreign law to lend support for Congress’ authority to preclude judicial reliance on foreign law.
What am I missing? Just curious.
If this syllogism is correct, then I suppose that if (1) a foreign constitution grants the legislature the absolute right to remove any matter from judicial review; and (2) Congress resolves to preclude federal court reliance on foreign law; then (3) Justice Breyer should rely on this foreign law to lend support for Congress’ authority to preclude judicial reliance on foreign law.
What am I missing? Just curious.


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