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Harold Koh

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Koh is a living constitutionalist and the leading proponent of transnationalism. He wants to “trigger a transnational legal process” that will “generate legal interpretations that in turn can be internalized into domestic law.”

Leftist attempt to bypass Constitution by treaty? Subjecting American citizens to rule by a transnational left-wing lawyers appointed to various international bodies?

Koh believes that it is “appropriate for the Supreme Court to construe our Constitution in light of foreign and international law” in “at least three situations”: (1) “when American legal rules seem to parallel those of other nations”; (2) when (quoting Breyer) “‘foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circumstances’” and we can draw “empirical light” from their experience; and (3) “when a U.S. constitutional concept, by its own terms, implicitly refers to a community standard”.

Italic not in original.

(Koh, International Law as Part of Our Law, 98 Am. J. Int’l. L. 43, 45-46 (2004)

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This is a man that ought to be watched.

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