Home
In this issue

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

Another day, another scary nomination

By David Limbaugh


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | As usual, President Barack Obama is multi-tasking the dismantling of the American system on so many fronts that not all of the outrages can be properly monitored. So while you should be mortified by his dictatorial power grab with General Motors, please don't miss his recent nomination of former Yale Law School Dean Harold Koh as legal adviser for the State Department.


In his new position, Koh not only would represent the United States before international bodies, such as the U.N. and the International Court of Justice, but also would influence the degree to which laws of other countries should influence American jurisprudence.


After reading an alarming piece by Meghan Clyne in the New York Post concerning the Koh nomination and the degree to which Koh believes it's appropriate for courts to consider other nations' laws in interpreting our Constitution, I read a number of Koh's legal writings and speeches.


Clyne reported that New York lawyer Steven Stein said that Koh, in addressing the Yale Club of Greenwich in 2007, claimed that "in an appropriate case, he didn't see any reason why sharia law would not be applied to govern a case in the United States."


It turns out that on March 21, 2007, Carol Iannone, on Phi Beta Cons blog, published a letter from Stein to Dean Koh about his Yale Club remarks. Stein wrote, in part, "In your discussion of 'global law' I recall at least one favorable reference to 'Sharia', among other foreign laws that could, in an appropriate instance (according to you) govern a controversy in a federal or state court in the US."


Whether or not Koh ever responded to Stein's letter, Stein's representations of Koh's remarks are certainly consistent with Koh's writings that I reviewed.


In Fordham Law Review, Koh asserted that the U.S. "Supreme Court is divided between two judicial camps: the transnationalists and the nationalists." Koh considers himself a transnationalist and justices Roberts, Scalia and Alito nationalists.


Koh explained the differences between these two judicial philosophies. According to Koh, transnationalist judges look to U.S. interdependence, whereas nationalists tend to look to U.S. autonomy. Transnationalists think about how U.S. law fits into a framework of transnational law, while nationalists see a rigid foreign and domestic divide. Transnationalists think that courts can "domesticate" international law (make it part of our law), whereas nationalists think that only the political branches can. Transnationalists favor the development of a global legal system, while nationalists prefer a national legal system.


In other words, nationalists don't believe that it's appropriate to look to foreign law in interpreting our Constitution. They believe that only the political branches, not the courts, can adopt provisions of international law, and they don't believe in slavish deference to global legal authorities, such as the International Criminal Court.


Transnationalists clearly believe in an ever-changing, living Constitution and reject originalism (interpreting the Constitution according to its original understanding). They are obviously globalists, not overly concerned with American's national sovereignty. They see the international community, in the words of Koh, as a "community of reason" and believe that American judges, in interpreting our Constitution, can resort to this "community of reason" (foreign laws) to choose between two "plausible" legal positions. Indeed, Koh wrote approvingly of United States Supreme Court decisions acknowledging "evolving standards of decency" and that we may look to this global community of reason to determine what those standards are.


If any of this is too legalistic, let me quote from Koh's "Jefferson Memorial Lecture on Transnational Legal Process After September 11," published in the Berkeley Journal of International Law.


In his introductory remarks, Koh said the United States, along with North Korea and Iran, form "the axis of disobedience," that is, those nations "whose disobedience with international law has attracted global attention after Sept. 11." Are you beginning to see the picture here?


If not, try his testimony before the Senate Judiciary Committee on Sept. 16, 2008, in which he lamented that the Bush administration forfeited the "universal sympathy" America enjoyed as a victim of the 9/11 attacks with a "series of unnecessary, self-inflicted wounds, which have gravely diminished our global standing and damaged our reputation for respecting the rule of law," including Abu Ghraib, Guantanamo, torture, indefinite detention of enemy combatants, military commissions, warrantless wiretaps, evasion of the Geneva Conventions and international human rights treaties, excessive government secrecy, attacks on the United Nations, and others.


It's no surprise to me that President Obama seeks to install as assistant State Department legal counsel a man who, like George Soros and a host of ultra-left-wing bloggers, believes America is always the bad guy and that we should rehabilitate ourselves through following the wisdom of foreign nations and international bodies.


Does it surprise you?

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.

Archives

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.


DAVID'S LATEST:

Bankrupt: The Intellectual and Moral Bankruptcy of the Democratic Party BANKRUPT! Thatís what the Democrats are when it comes to new ideas, or to defending America, or to doing anything more than protecting their own narrow political interests. Exaggeration? Hardly. Bestselling author David Limbaugh quotes Democrats to devastating effect as a party that has reduced its mind and heart to the level of intellectual and moral bankruptcy. In this startling new book, Limbaugh shows just how far the Democratic Party has fallen, and why there is little prospect of redemption.

Sales help fund JWR.

© 2008, Creators Syndicate

Columnists

Toons

Lifestyles