Document Type

Congressional Testimony

Publication Date



I believe that contemporary foreign law generally has no place in the interpretation of the United States Constitution. …I will explain why reliance on foreign law to interpret the U.S. Constitution is in tension with our constitutional text and structure, and with fundamental notions of democratic self-governance. I should emphasize that I take no position on the ultimate question of whether Judge Sotomayor should be confirmed, and I offer my comments with the greatest respect. But I am concerned that her recent speech on this issue may betray a misconception of the judicial role. For the balance of my testimony, I shall explain why.