Debating Sovereignty: Globalization, International Law & the U.S. Constitution
I debate two law professors here on the Liberty Fund's wonderful new website, Liberty Forum. For those who aren't familiar with it, the Liberty Fund is one of the great foundations promoting research and thinking about individual liberty. Some of you may know it through its unique library, where you can buy beautiful editions of classics ranging from Hayek to Tocqueville to the Federalist Papers — at cost! Less well known are their great conferences, where they invite a select group to discuss some of the eternal questions through reading the classics in a Socratic setting — recent topics have included Thucydides' The History of the Peloponnesian War and Marbury v. Madison.
Their latest effort is a blog for the discussion of liberty and law, here. While globalization continues its inexorable march, lowering the prices at Wal-Marts everywhere, I call for a pause to consider its effects on the U.S. Constitution and political system. I argue in Taming Globalization that the effortless movement of goods, services and communications across national borders will place pressure on our constitutional structure in the same way that nationalization did at the turn of the 20th century (which was really only resolved by the great confrontation between FDR and the Supreme Court in 1937). You can also read the responses of two professors of international law right afterwards.
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Sep '10
Re: Debating Sovereignty: Globalization, International Law & the U.S. Constitution
I'm in the midst of a fascinating book called _Why Nations Fail_ about the history of economic development and the importance of pluralisim and competition among various interests. The developed world created institutions that fostered these things. I can think of no better example of creating these insitutions than our Consitution so we have an opportunity to shape the rest of the world with agreements that continue this tradition...I sure hope the people involved are aware of this fact.
Dec '10
Re: Debating Sovereignty: Globalization, International Law & the U.S. Constitution
John,
I just got a chance to read your article. Amazing! I really hadn't put it together in such simple direct constitutional terms.
No wonder the Obamites have such a good time with global warming. Between manipulating other peoples industry and Soros manipulating other peoples currency they can have a field day. All they need is even more power because we are asleep at the constitutional switch.
Thanks for the wake up call.
Regards,
Jim
Nov '11
Re: Debating Sovereignty: Globalization, International Law & the U.S. Constitution
I'm late to the topic and it's late so I've just scanned it for now. However this seems to me to be the main question:' the proper scope of the federal government’s regulatory power; the balance of authority between the President and Congress; and the appropriate role of the courts.'
There seems to be no way to fight regulations stemming from broad laws, presidential mandates, and judges re-interpreting the Constitution and changing laws. Congress is no longer functioning and people seem to have no recourse unless they have the media power to make a huge stink. There is no way to even punish Congress for not passing a budget for three years or from not following the laws already in existence. Advice from lawyers (and activism) on solving these problems would solve the 'International Law' problems by extension. Put it this way, why talk about what are good and proper laws if it doesn't even matter?