Wednesday, April 8, 2009

Harold Koh: Citizen of the World has "Transnationalist" Views

So much for the oath to preserve, protect and defend the Constitution of the United States. Harold Koh, a former dean of Yale Law School, has been nominated by President Obama to be the State Department's legal adviser. An advocate of what he calls "transnational legal process", Koh argues that there should be no difference between U.S. and international law. Koh believes laws of foreign countries should carry equal weight with the laws of our 50 states, and that it is "appropriate for the Supreme Court to construe our Constitution in the light of foreign and international law" in its decisions. Koh describes the Supreme Court as divided between "nationalist" judges who look to American law when construing the Constitution and "transnationalists" who believe Americans should be viewed as "citizens of the world." Read more.

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