All Federal Legislative Powers Are Congresses Not Europe's

I respect John Roberts apparent position on how the federal courts should regard foreign law expressed in the below cite from a CNN article which was contributed to by Bill Mears.

Roberts was unusually candid, saying reliance on international courts "is a misuse of precedent." He added it would be improper to rely on a German judge, unelected by the American people, since "he's playing a role in helping shape policy binding this nation. In foreign law, you can find anything you want" to support your own views, he said.

My objection is twofold. The first is his reliance on precedent. The second is his referring to judicial decisions as law. In the federal government the U.S. Constitution does insist that all legislative powers rest in the hands of Congress.

The Constitution itself mentions Common Law and the rules of common law in the Seventh Amendment so it is obvious that they did not consider the application of common law to be a violation of the separation of powers. I had to look up the meaning of common law and I found out that it could be overruled by statue law. So since that clearly means it is only advise, for if any judge at any level of the court system is convinced that the statue contradicts the precedent then they can overrule the precedent. The courts above them can of course overrule them with the Supreme Court the final decider in any particular case.

Other than the objections I voiced above I find John Roberts response to be in line with the U.S. Constitution since it states the all federal legislative powers are given to Congress and none therefore left over for other countries, states or the Judicial branch.