American popular attitudes toward the citation of foreign law, by contrast, Mark C. Rahdert wrote in the American University Law Review last year, “tap into a longstanding tradition of exceptionalism.”
That tradition is rooted in a popular devotion to the Constitution unknown in the rest of the world. It is supported by aspects of the American character that were formed by the nation’s initial geographic isolation and pioneer spirit, which emphasized freedom, private property and individual responsibility. That has led, for instance, to a near-absolute commitment to free speech and a particularly tough approach to crime.
[ American Exception: Supreme Court’s Global Influence Is Waning, in the New York Times ]
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