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.