GAGOP Convention Resolution 4: American Law in Georgia Courts

A Resolution in Support of American Law for Georgia Courts

WHEREAS, it is expected that the judicial branch of government will resolve legal disputes by review of the American body of law, to include the Constitution of the United States, the Constitution of the State of Georgia, federal, state and local law; and

WHEREAS, Supreme Court Justices Ruth Bader Ginsburg and Elena Kagan have opined that foreign law and decisions of foreign courts should have persuasive value when deciding cases in American courts and

WHEREAS, the Chief Justice of the United States Supreme Court (John Roberts) responded to this judicial activist view by stating:

“If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge…And yet he’s playing a role in shaping the law that binds the people in this country” and

WHEREAS, the Georgia Republican Party abhors the notion of activist judges using foreign legal sources to resolve disputes in American courts

THEREFORE BE IT RESOLVED by the Georgia Republican Party that the Georgia General Assembly and our Constitutional Officers take all necessary action to insure that courts in Georgia do not use foreign law in resolving cases, except international agreements to which the United States is a party.