Speaking on Fox radio (where else?), Delay stated, "[W]e have the opportunity to set up courts; we can also dismantle courts and reorganize them." Huh? Do we now live in a Third World dictatorship where the Judiciary serves as a rubber-stamp for the power hungry, or worse yet, does not serve at all? This irresponsible statement from a man, a representative of the people, only proves that Delay is out of touch and out of step with the world.
Delay went on to attack Reagan appointee Associate Supreme Court Justice Anthony M. Kennedy for having the audacity to look, in part, to International Law in formulating opinions, and for using the Internet to do legal research. Delay stated,
[W]e've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States. That's just outrageous. And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.
Say Tom, isn't that ignorance dripping from the corners of your mouth? The foundation for American Black Letter Laws finds its beginnings in the federal and the many constitutions, but the courts also rely heavily on precedent established under Common Law. And our Common Law tradition springs not from the constitution, but from Great Britain, which has a long history of Common Law practice. Early Supreme Court cases were festooned with references to British Common Law cases, and indeed these cases formed the foundation of our own Common Law jurisprudence.
And America should not be an intellectual island where International Law is ignored because we arrogantly believe that our laws and our constitution are superior to all others, and that we have nothing to learn from other societies. That sort of hubris would never escape the lips of one more informed, more cultured, and more nuanced about the world at large.
As for Justice Kennedy using the Internet to research cases, ever heard of Lexis-Nexus, or Westlaw representative Delay? They are after all widely utilized legal references; V. Edward to Tom: here is a quarter, buy a clue! Delay's political demise cannot come soon enough for me.