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Thursday, April 02, 2009

The Latest Obama Threat to U.S. Sovereignty

What judicial transnationalism is really all about is depriving American citizens of their powers of representative government by selectively imposing on them the favored policies of Europe’s leftist elites.
clipped from blog.heritage.org

Ceding control of financial regulations to the European Union is just the beginning of the Obama Administration war on the sovereignty of the United States of America. Just last week, President Barack Obama nominated former Clinton administration official Harold Koh to become the State Department’s legal adviser. Koh describes himself as a “transnationalist” and in a 2006 Penn State International Law Review article he described what this meant:

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.

NRO’s Ed Whelan explains what Koh is trying to accomplish with his transnationalist faction:

Tuesday, March 31, 2009

U.S. to Join U.N. Human Rights Council, Reversing Bush Policy

This is really bad news for parents.



UNITED NATIONS, March 31 -- The Obama administration decided Tuesday to seek a seat on the U.N. Human Rights Council, reversing a decision by the Bush administration to shun the United Nations' premier rights body to protest the influence of repressive states.


The United States announced it would participate in elections in May for one of three seats on the 47-member council, joining a slate that includes Belgium, Norway and New Zealand. New Zealand has offered to step aside to allow the United States to run unchallenged, according to a U.S. official.


Reached Tuesday, Bolton denounced the Obama administration's decision. "This is like getting on board the Titanic after it's hit the iceberg," he said. "This is the theology of engagement at work. There is no concrete American interest served by this, and it legitimizes something that doesn't deserve legitimacy."

Profound implications for U.S. sovereignty

What is wrong with this picture?

Lawfare and Obama's Transnationalist

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 advisors to President George W. Bush – including Attorney General Alberto Gonzales and Under Secretary of Defense Douglas Feith. The alleged 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. policy-making 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.