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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 31, 2009 / 6 Nissan 5769

Looming specter of transnationalism: U.S. needs a State Department defender of its sovereign rights

By Frank J. Gaffney, Jr.


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http://www.JewishWorldReview.com | What is wrong with this picture? We learned this weekend that a Spanish judge, Baltasar Garzon, is preparing to prosecute six Americans who worked as senior legal and policy advisers to former President George W. Bush - including former Attorney General Alberto R. Gonzales and Undersecretary of Defense Douglas J. Feith. The purported crime? The opinions they provided Mr. Bush supported the use of torture against enemy combatants.


Most Americans would find this assertion of what has come to be called "transnational law" to be troubling on several grounds. Its application is an affront to due process and the rule of law in this country. It would criminalize internal U.S. policymaking deliberations, with profound implications for U.S. sovereignty. If allowed to run its course, this prosecution would have a profoundly chilling effect on the willingness of subordinates to provide a president with advice or perhaps even to serve in government.


One would hope President Obama would recognize that this use of legal mechanisms as a form of warfare against the United States - increasingly known as "lawfare" - holds serious dangers not just for the country and those who ran it for the past eight years, but for his administration as well. That would appear not to be the case, however, in light of his choice of Harold Koh to be the State Department's top lawyer.


In fact, as dean of Yale's law school, Mr. Koh has been an unalloyed enthusiast for transnational law. For example, in a 2006 article in the Penn State Law Review, he extolled the "transnationalist faction" on the Supreme Court and the wisdom shown by four, and sometimes five, of its justices in rejecting the impulses of what he disdainfully calls "the nationalist faction":


"Generally speaking the transnationalists tend to emphasize the interdependence between the United States and the rest of the world, while the nationalists tend instead to focus more on preserving American autonomyThe transnationalists believe in and promote the blending of international and domestic law, while nationalists continue to maintain a rigid separation of domestic from foreign law. The transnationalists view domestic courts as having a critical role to play in domesticating international law into U.S. law, while nationalists argue instead that only the political branches can internalize international law.


"The transnationalists believe that U.S. courts can and should use their interpretive powers to promote the development of a global legal system, while the nationalists tend to claim that U.S. courts should limit their attention to the development of a national system. Finally, the transnationalists urge that the power of the executive branch should be constrained by judicial review and the concept of international comity, while the nationalists tend to believe that federal courts should give extraordinarily broad deference to executive power in foreign affairs."


How many Americans are aware that some, let alone an actual majority, of the Supreme Court's justices think this country should be ruled by something other than the Constitution of the United States, laws made pursuant thereto and treaties clearly consistent with it? Assuredly, few of us know such an assault on our sovereignty is afoot; in all likelihood, fewer still would support it.


The same likely would apply to Mr. Koh's embrace of myriad other controversial transnationalist initiatives. He favors U.S. submission to the International Criminal Court, enabling that tribunal to have the right tomorrow to take up the sort of foreign prosecutions of Americans contemplated by Spain's Judge Garzon today.


Mr. Koh goes even further than Sen. John Kerry, who argued that American uses of force must meet what he euphemistically called a "global test." Mr. Koh says the United States must obtain pre-authorization by the U.N. Security Council. In keeping with this view, he condemned the U.S. invasion of Iraq, which lacked such a mandate, as "illegal."


The State Department legal adviser-designate has also actively opposed virtually every instrument the previous administration deemed necessary to wage and win the war against terror-wielding adversaries. Mr. Koh insisted that Guantanamo Bay be closed, coercive interrogation techniques be halted and trials in civilian U.S. courts be afforded to captured enemy combatants. To be sure, these positions largely track with those of Mr. Obama, although the latter has left himself some latitude in their implementation. Mr. Koh's critique of the government's terrorist surveillance, though, is even more extreme than that of Mr. Obama, who as a senator voted to allow the program to continue.


It is absolutely predictable that the United States will find itself under ever greater assault in the form of lawfare as notions of the supremacy of transnational law take hold among elites, both here (notably in the Supreme Court) and abroad. Mr. Obama can spare himself and the country considerable grief when he meets this week in Europe and Turkey with some of the leading practitioners of lawfare by repudiating Judge Garzon's extraterritorial overreach, rejecting the application of transnational law more generally and selecting a State Department legal adviser who is an avowed nationalist, not a committed transnationalist"


Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JWR contributor Frank J. Gaffney, Jr., Deputy Assistant Secretary of Defense for Nuclear Forces and Arms Control Policy in the Reagan Administration, heads the Center for Security Policy. Comments by clicking here.

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