Constitution takes hit from Supreme Court

Constitution takes hit from Supreme Court
Citing unapproved treaty is 'act of most fundamental reordering of legal system'

Posted: May 18, 2010
8:54 pm Eastern

By Bob Unruh
© 2010 WorldNetDaily

The fundamentals of the U.S. Constitution possibly have been shoved one step closer to irrelevance by the U.S. Supreme Court, which yesterday cited an international treaty that has not been adopted in the U.S. as support for its opinion.

The issue is raising alarms for those who have been fighting the trend toward adopting "international" standards for American jurisprudence rather than relying on a strict application of the Constitution.

"It is bad enough for the Supreme Court to engage in judicial activism," said Michael Farris, of the Home School Legal Defense Association. "It is far worse when the justices employ international law in support of their far-reaching edicts.

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"We have not ratified the U.N. child's rights treaty – its provisions should not be finding their way into Supreme Court decisions," he said.

Roger Kiska, legal counsel for the Alliance Defense Fund who is based in Europe, said the Supreme Court's use of an unadopted precedent "completely overlooks the checks and balances system that is established by the U.S. Constitution."

It's not the first time the court has done it, and "It's never amounted to any good," he said in a telephone interview from his base of operations in Europe. "It leans toward social radicalism."

He said there are reasons why the U.S. never adopted the U.N. convention, citing a recent case in Sweden in which a child was taken away from his home because his parents were homeschooling him, and other issues.

The child, Domenic Johanssen, has been in the custody of social services agents for almost a year now as his parents have fought – unsuccessfully so far – for his return home.

"That is a prime example of what can happen when the Convention on the Rights of the Child is used as a sword rather than as a shield," Kiska said.

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