In this edition of Liberty Law Talk, I speak with John Yoo about how the American Constitution should interact with the proliferating sources of international law in treaties, conventions, agreements, and customary international law. A growing array of transnationalist legal scholars believe international law should be more easily incorporated into America’s constitutional and domestic law however much it may interfere with popular consent. Yoo’s new book, co-authored with Julian Ku, Taming Globalization: International Law, the U.S. Constitution, and the New World Order, provides sturdy constitutional arguments for dealing with these questions. The Constitution’s core structure of separation of powers and federalism can be utilized, Yoo argues, in aiding America in the growing international legal environment by ensuring that the fundamental doctrines of the Constitution guide the process.
Ilya Somin reconsiders federalism and the protection of individual freedoms.
Originalism is a form of legal positivism and as such is devoid of moral force, except as a covert method of subverting a dominant left-liberal tradition.