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Judicial usurpation." "Activist judges." "Renegade courts." These have become familiar political epithets expressing the exasperation millions of Americans feel over outrageous federal court decisions. In recent years, federal judges have been acting as super-legislators, reordering society according to their whims and unconstitutionally striking down validly enacted state laws on issues such as school prayer, immigration, abortion, the death penalty, pornography, flag burning, and the Ten Commandments. As obnoxious as many of our courts' actions have become, however, we still retain within our constitutional system the means to remedy these judicial excesses.
But what are we to do about foreign courts that attempt to exercise the same kinds of judicial usurpation? That would never happen, right? We would never allow it! Unfortunately, we have allowed it. Or, rather, our ...