Is That Legal?

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September 29, 2006

The Rule of Law Above All Else

n the original Judiciary Act of 1789, Congress -- filled with Framers -- adopted the "The Alien Tort Claims Act." The Act granted no legal rights itself. But it did grant that "[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." 28 U.S.C. § 1350.

What a remarkable statement. Young, upstart America, speaking from the hilltop, would grant the world's citizens a forum in which human rights recognized by the "law of nations" and American treatries could be vindicated. America would be better than everyone else. We held ourselves above everyone . . . so much so, we'd let utter foreigners come to our courts to invoke the rule of law to protect themselves.

All I can say is, "You should have seen the Atlantic Ocean in those days".

Posted by shertaugh at September 29, 2006 12:20 PM