harlan logo

Federal Courts of International Law

November 28th, 2012

The doctrine of separation of powers is violated when federal courts hear sophisticated claims about international law. The reason behind this belief is that it is Congress’ power to create and enforce our foreign policy. If the federal courts are collecting money and other such things, that means they are using our resources and giving them away to other countries. There is a difference between giving money, and wasting money.
If we hear about claims made in other countries, then we should leave it to the other countries to figure out what they want to do about the crimes committed. These foreign countries should try to hold the people who have done the crimes accountable before they bring it to the U.S. to make a decision that might have been easily made in the country that these crimes are being committed.
It is Congress’ duty to create and enforce our foreign policy, however Congress needs to know when and where they need to intervene when the need arrives to enforce that policy on other countries. Congress should not get involved in tiny matters that could be easily solved in the countries that have these problems. Congress should only enforce foreign policy when there is a great need for it.