Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will conclude by recommending a framework theory for how U.S. federal courts interpreting the U.S. Constitution might properly utilize international law.
Shane B. Kelbley,
Reason Without Borders: How Transnational Values Cannot Be Contained,
28 Fordham Int'l L.J. 1595
Available at: http://ir.lawnet.fordham.edu/ilj/vol28/iss6/3