especially in the area of "Free Speech" lead to the direct question which set of rule do you apply first -- the Constitution or International Law??? Obama I fear will favor International Law and restricting Constitutional Law... Isn't that UNCONSTITUTIONAL???
http://volokh.com/archives/archive_2009_04_05-2009_04_11.shtml#1239142185 >>> Maybe I'm missing something -- Prof. Koh's discussion of just how the Court >>> can "moderate ... conflicts" between First Amendment law and foreign >>> countries that disapprove of American free speech on the Internet is rather >>> vague here. But it sounds to me quite a bit like the predictions that Prof. >>> Peter Spiro, another internationalist legal scholar, made about how >>> international norms could reduce the scope of American constitutional >>> rights: The President and the Senate can, in the long run, "insinuat[e] >>> international law" that would create "a partial displacement of >>> constitutional hegemony" (for instance, with "an international norm against >>> hate speech ... supply[ing] a basis for prohibiting [hate speech], the >>> First Amendment notwithstanding"). "As transnational society develops a >>> common rights culture, one in which the disaggregated United States enjoys >>> a voice, the supremacy of international rights may be normatively >>> sustainable. In the short term, this argues for the relevance of >>> international norms in domestic constitutional interpretation. In the long >>> run, it may point to the Constitution's more complete subordination." --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. -~----------~----~----~----~------~----~------~--~---
