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July 2010
Whose Law Is It?

In May, the Supreme Court ruled that it is unconstitutional for the United States to sentence juvenile offenders to life in prison without parole for cases not involving murder.

What concerns many in the legal community is that the High Court cited the UN Convention on the Rights of the Child (UNCRC) and other international law to support the ruling. This totally ignores the Court's function in our triune governmental system, let alone the fact that Congress has not even ratified the UNCRC.

The judicial branch, of which the Supreme Court is the last court of appeal, provides checks and balances against the executive and legislative branches, ensuring that they do not over-step their roles as defined in the Constitution. And that's the point. The Supreme Court's role is to evaluate the validity of a case based on the Constitution of the United States and the laws of this land. American law, not international law.

This ruling signals the Court's willingness to step beyond its own strictly-defined role, which triggered it's own check and balance from the legislative branch. Senator Jim DeMint (South Carolina) introduced a resolution (S. Res. 519) in May to put the Senate on record that American law and ONLY American Law should govern our nation. It also urges the President not to send the UNCRC to the Senate for ratification.
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