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Obama nominates transnationlist Harold Koh to be State Department Legal Adviser

by associate on March 23, 2009

Source: The White House Press Office. “President Obama Announces more key Administration Posts.”  23 March 2009.

Harold Koh, President Obama’s choice for State Department Legal Adviser, subscribes to “transnationalism” – the view that American jurisprudence should be “informed by” (read, subordinated to) international legal regimes and “norms” and that courts, not Congress, should take the lead in “internalizing” international law into domestic law so as to better develop a “global legal system.” Koh’s views are demonstrated through his support for such sovereignty-sapping global legal arrangements as the International Criminal Court and the Law of the Sea Treaty, his belief that UN authorization is required prior to any U.S. use of force, and other notions that serve to erode American constitutional governance and exceptionalism.

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