Foreign law prohibition-2.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0612

HOUSE JOINT RESOLUTION
NO.
HJ0005

Foreign law prohibition-2.

Sponsored by:
Representative(s) Gay, Davison and Jaggi

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to require courts in this state to rely on federal and state laws when deciding cases and to forbid courts from using international law as precedent when deciding cases.

BE
IT RESOLVED BY THE LEGISLATURE OF THE STATE OF
WYOMING
,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.

The following proposal to amend Wyoming Constitution, Article 5, Section 1 is proposed for submission to the electors of the State of
Wyoming
at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 5, Section 1.

How judicial power vested.

(a)

The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts, and such subordinate courts as the legislature may, by general law, establish and ordain from time to time.

(b)

When exercising their judicial authority the courts of this state shall uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, common law as prescribed by legislative enactment, and if necessary the law of another state of the United States. The courts shall not
use as precedent
the legal precepts of other nations or international law. The provisions of this subsection shall apply to all cases before the respective courts including, without limitation, cases of first impression.

Section 2.

That the Secretary of State shall endorse the following statement on the proposed amendment:

This amendment would require courts in this state to rely on federal and state laws when deciding cases. It would forbid courts from
using
foreign or international law
as precedent
when deciding cases.

(END)

1
HJ0005