Transnationalism and Harold Koh
The dean of Yale Law School Harold Hongju Koh has been selected by Emperor Dumbo for the top lawyer in the State Department. Hong Kong Phooey, as Koh shall now be known at American Conservative Values, is totally pro-abortion; but far worse than that, he thinks that everyone else on the planet should be, too, and that the United States (let's actually read that as the United Nations, which now senses its Doppelganger has infested the District of Columbia at long last) should take the leading role in forcing this to be. Indeed, Hong Kong Phooey has written, "U.S. courts can and should use their interpretive power to promote the development of a global legal system."
So. The really big problem with Hong Kong Phooey is that he is a total advocate of transnationalism.
What is the definition of transnationalism for our purposes? Well, according to Phooey, the concept of transnationalism is described so: "[Sovereignty is] a nation’s capacity to participate in international affairs." In other words, the idea here is that the more "sovereign" a nation is, the less of a nation it is. The greater a nation is, the less identifiable strictures, the less self-sufficiency, the less unique culture it possesses. So, a nation's strength is defined by its weakness. Demosthenes, who said "I am a citizen of the world", must be ranting and raving with celestial pebbles in his mouth from the Beyond to hear such blatant Newspeak.
Austin Ruse, who is the president of the Catholic Family and Human Rights Institute (CFAM), which is a pro-life group that lobbies at the UN, says of Phooey's transnationalism that it means to him and those like him (such as Emperor Dumbo, and all Left-Wing Moonbat Socialists) that "what this means practically is that policy makers and especially the Federal Courts should look beyond our shores to interpret the U.S. Constitution...The Supreme Court interprets domestic law only under the U.S. Constitution. The only times it refers to international law is in interpreting international law -- and even then, only when international law doesn't contradict the Constitution and where U.S. law is not clear."
Now, besides its thinly disguised agenda of obliterating the United States because of envy and avarice born of fear of our power and well-earned prestige in the world (not to mention all that money we've made that they want to steal from us), fools who support transnationalism have the lofty idea that there should be domestic status rendered to “customary international law” (CIL). Indeed, Hong Kong Phooey has lamented in writing that Conservatives' interpretation of the status of CIL “a treaty that [the U.S. does not ratify], but that nevertheless announces important customary international law rules...need not be applied or respected by state courts or legislatures unless expressly executed by a statute or order emanating from the federal political branches.”
Two law professors named Curtis Bradley and Jack Goldsmith have written of Phooey's transnationalism, "[he is making the] extraordinary claim that if human rights treaty norms are accepted by much of the world community, the norms become CIL [and as such it is] self-executing [and] supreme federal common law both before the United States has ratified the treaty and after it has ratified the treaty on the condition that the treaty norms will not apply as domestic federal law.” What this means for you is: if you are a U.S. citizen, living and acting in the United States, and you do something that is perfectly legal according to U.S. law, but which someone who lives in another nation and who is not a U.S. citizen does not like or does not believe in, if there is some CLI that says what you did is wrong, you can be criminally charged. This also means that U.S. military power in the world, which has very largely been responsible for the relatively peaceful and prosperous times the planet on the whole has enjoyed and which have grown since the end of WWII, would be severely constricted.
The United States Constitution says with regard to CIL in Article I, Section 8, Clause 10) that Congress has the authority to “define and punish...Offenses against the Law of Nations.” Translation: Congress decides which portions of CIL should be woven into U.S. federal law, and which need not apply. This goes hand in hand with the Constitution's "Supremacy Clause", which states: "[The Constitution] and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”
Translation: transnationalism doesn't translate into correct United States law. The United States is a sovereign nation, and our laws are sovereign in our territory. We don't need no silly CLI. Our power must not be dissipated. Join the Second Revolution
transnationalism