IV 
108TH CONGRESS 
1ST SESSION 
H. RES. 468
Expressing disapproval of the consideration by Justices of the Supreme Court 
of the United States of foreign laws and public opinion in their decisions, 
urging the end of this practice immediately to avoid setting a dangerous 
precedent, and urging all Justices to base their opinions solely on the 
merits under the Constitution of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Mr. GRAVES submitted the following resolution; which was referred to the 
Committee on the Judiciary 
RESOLUTION 
Expressing disapproval of the consideration by Justices of 
the Supreme Court of the United States of foreign laws 
and public opinion in their decisions, urging the end 
of this practice immediately to avoid setting a dangerous 
precedent, and urging all Justices to base their opinions 
solely on the merits under the Constitution of the United 
States.
Whereas each Justice of the Supreme Court of the United 
States takes a judicial oath, which states the following: 
‘‘I do solemnly swear (or affirm) that I will administer 
justice without respect to persons, and do equal right to 
the poor and to the rich, and that I will faithfully and 
impartially discharge and perform all the duties incum-
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bent on me as [Justice of the Supreme Court of the 
United States] under the Constitution and laws of the 
United States.’’; 
Whereas section 1 of article III of the Constitution states the 
following: ‘‘The judicial power of the United States, shall 
be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and 
establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behaviour, and 
shall, at stated times, receive for their services, a com-
pensation, which shall not be diminished during their 
continuance in office.’’; 
Whereas paragraph 1 of section 2 of article III of the Con-
stitution states the following: ‘‘The judicial power shall 
extend to all cases, in law and equity, arising under this 
Constitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority;—
to all cases affecting ambassadors, other public ministers 
and consuls;—to all cases of admiralty and maritime ju-
risdiction;—to controversies to which the United States 
shall be a party;—to controversies between two or more 
states;—between a state and citizens of another state;—
between citizens of different states;—between citizens of 
the same state claiming lands under grants of different 
states, and between a state, or the citizens thereof, and 
foreign states, citizens or subjects.’’; 
Whereas paragraph 2 of section 2 of article III of the Con-
stitution states the following: ‘‘In all cases affecting am-
bassadors, other public ministers and consuls, and those 
in which a state shall be party, the Supreme Court shall 
have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate juris-
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diction, both as to law and fact, with such exceptions, 
and under such regulations as the Congress shall make.’’; 
Whereas paragraph 3 of section 2 of article III of the Con-
stitution states the following: ‘‘The trial of all crimes, ex-
cept in cases of impeachment, shall be by jury; and such 
trial shall be held in the state where the said crimes shall 
have been committed; but when not committed within any 
state, the trial shall be at such place or places as the 
Congress may by law have directed.’’; 
Whereas section 1 of article I of the Constitution states the 
following: ‘‘All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives.’’; 
Whereas section 1 of article II of the Constitution states the 
following: ‘‘The executive power shall be vested in a 
President of the United States of America.’’; 
Whereas Associate Justice Anthony M. Kennedy’s opinion for 
the Supreme Court of the United States in Lawrence v. 
Texas, 123 S.Ct. 2472, 2483 (2003), refers to decisions 
of the European Court of Human Rights and other 
courts and states the following: ‘‘Other nations, too, have 
taken action consistent with an affirmation of the pro-
tected right of homosexual adults to engage in intimate, 
consensual conduct. The right the petitioners seek in this 
case has been accepted as an integral part of human free-
dom in many other countries.’’; 
Whereas Associate Justice John Paul Stevens’s opinion for 
the Court in Atkins v. Virginia, 536 U.S. 314, 316 
(2002), refers to opinions of the national and world com-
munities and states the following: ‘‘The practice, there-
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fore, has become truly unusual, and it is fair to say that 
a national consensus has developed against it.’’; 
Whereas Associate Justice Steven G. Breyer’s dissenting 
opinion in the denial by the Court of the petition for a 
writ of certiorari in Knight v. Florida, 528 U.S. 990 
(1999), cites foreign sources of law, including the courts 
of Canada, India, Jamaica, and Zimbabwe, as well as the 
United Nations; and 
Whereas Associate Justice Ruth Bader Ginsburg stated in a 
speech to the American Constitution Society that judges 
‘‘are becoming more open to comparative and inter-
national law perspectives.’’: Now, therefore, be it
Resolved, That the House of Representatives—
(1) reminds the Justices of the Supreme Court 
of the United States of the judicial oath they took 
as a precondition to assuming their responsibilities; 
(2) reminds the Justices that the United States 
was founded for the purposes of self-government; 
(3) reminds the Justices that the executive and 
legislative branches of the Federal Government are 
the only branches whose officers are elected by the 
people of the United States; 
(4) expresses its disapproval of the consider-
ation of foreign laws and opinions in the decisions 
of the Court; 
(5) advises the Justices not to incorporate for-
eign laws or opinions in future decisions of the 
Court;
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(6) advises the Justices not to incorporate pub-
lic opinion when performing their duty to uphold the 
Constitution; and 
(7) urging all Justices to base their opinions 
solely on the merits under the Constitution of the 
United States.
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