Wednesday, July 15, 2009

The erosion of American law and sovereignty by the Supreme Court.


I read an interesting article about how American sovereignty is being eroded by Supreme Court Judges who are looking to international law, transnational law, when interpreting the U.S. Constitution. The article raises some questions about Sotomayor's beliefs when it comes to this due to her past statements on this issue: "Yet at least one sitting Supreme Court justice says American jurists should look to foreign precedent. And President Barack Obama’s first nominee to sit on the high court, Sonia Sotomayor, seems a bit unclear on that point, too. Just two years ago a book titled “The International Judge” featured an introduction she penned. “The question of how much we have to learn from foreign law and the international community when interpreting our Constitution,” she wrote, is “worth posing.”

The artilce also questions Ruth Ginsberg beliefs on this: "the Supreme Court Judge Ruth Ginsberg is open to considering foreign law when interpreting the American Constitution and and its laws: "Earlier this year Justice Ruth Ginsberg told a panel at Ohio State University that our Supreme Court ought to pay more attention to the laws and policies of other countries. “You will not be listened to if you don’t listen to others,”.

Harold Koh believes in transnationalism and free republic dot com notes that he believes "U.S. law should be based on foreign precedent, and even Shariah law could find a home here." He also serves in President Obama's cabinet as Legal Advisor to the the State Department. His beliefs are worth noting due to the fact he could be a future Supreme Court Judge and he is in a current position of power, not a lot.

This illustrates the fact that American sovereignty is being eroded in the name of the international community and the international law, and it illustrates the general direction the world is headed by showing how the world is becoming more interconnected and how individual nations' sovereignty are being given up in the name of internationalism. It is worth noting the "great tides of thought and appetite that run unseen deeply below the surface of society." What do you take away from these facts?

1 comment:

  1. It's clear that Obama is an internationalist, and his pick up Sotomayer entirely makes sense in that light. Internationalist and Socialist. These two themes were clear even when he was campaigning. Evidently this was what the 52% wanted.

    Another good blog post would be showing Sotomayer flat out lying to our faces during her questioning by Republican senators.

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