which set of rule do you apply first -- the Constitution or International Law??? --- plainolamericans instinctively know the answer
On Apr 9, 4:44 pm, jgg1000a <[email protected]> wrote: > 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#123914... > > > > >>> 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."- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ 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. -~----------~----~----~----~------~----~------~--~---
