In this edition of Liberty Law Talk, I speak with John Yoo about how the American Constitution should interact with the proliferating sources of international law in treaties, conventions, agreements, and customary international law. A growing array of transnationalist legal scholars believe international law should be more easily incorporated into America’s constitutional and domestic law however much it may interfere with popular consent. Yoo’s new book, co-authored with Julian Ku, Taming Globalization: International Law, the U.S. Constitution, and the New World Order, provides sturdy constitutional arguments for dealing with these questions. The Constitution’s core structure of separation of powers and federalism can be utilized, Yoo argues, in aiding America in the growing international legal environment by ensuring that the fundamental doctrines of the Constitution guide the process.
If globalization becomes a defining issue for different camps of conservatives, it’s difficult to see the continuation of the American conservative coalition.
Courts should seek doctrinal principles that bear even-handed application across different contexts with differing ideological implications.