As a former felony court judge in Houston, Texas for over 20 years, I used the Constitution and made decisions that affected real people – defendants, victims, and the community. I took the same oath as our Supreme Court justices and never rendered a ruling based upon the sentiments of another nation. I determined whether individuals should lose their property, liberty, and freedom. On occasion, my decisions even resulted in those individuals forfeiting their lives. Nonetheless, every ruling was rooted in the United States Constitution, which those who came to my court unquestionably knew constitutes the basis of all American law... not the judge’s personal opinion or the holdings of a foreign nation; not the British way or the European way; but rather the American way. Had I used any other law but that of the Constitution, I would have been removed from the bench and rightfully so.
The overarching thrust of this rant -- decrying the influence of international law on American jurisprudence -- is specious. Surely Poe has knows enough of law history to recall that Franklin, Hamilton, et al drew inspiration -- if not entire passages -- from the Magna Carta, the English Bill of Rights, and other foreign sources.
And the portion I emphasized above is just plain foolish. Unless the death penalty appears somewhere in the Constitution, then Poe was just another "activist judge" doing his best to interpret the Framers' intent, and not the strict constructionist he believes himself to be.
Poe was nationally renowned for his creative punishment sentencings while he was a judge locally, and was widely known as a "tough-on-crimer" (even if he let a lot of criminals off the hook after the fact). "Poetic Justice", as it were. I'm not sure where Poe found constitutional authority to order child molesters to put signs on their front doors advertising their convictions, or command drunken drivers to walk at the scene of their crime with sandwich boards publicizing their circumstances, or force people to take out newspaper ads apologizing for their dastardly deeds.
Nor how that ensured the "predictability, consistency, and uniformity of justice".
Then there's this:
Having been down in the mud, blood, and beer with real people, I have witnessed the Constitution’s impact on the lives of Americans. I submit that looking to foreign court decisions is as relevant as using the writings of Reader’s Digest, a Sears and Roebuck catalog, a horoscope, my grandmother’s recipe for the common cold, tea leaves, star gazing, or the local gossip at the barbershop in Cut N’ Shoot, Texas.
I have to wonder here if Poe's father actually named him Sue ...
Maybe while the judge works out his own private personal hypocrisy he can go huntin' with Ag Commissioner Jerry Patterson.
Or sumpin'.
