Harold Koh Is Too Dangerous for America

Harold Koh, former dean of the Yale Law School, has been chosen to be the top lawyer at the State Department. Koh has a long record that proves he is eager to use foreign and international law to interpret American law. He calls himself a "transnationalist," which means wanting U.S. courts to "domesticate" foreign and international law. That means, integrate it into U.S. domestic law that is binding on U.S. citizens. Mr. Koh wants to put the United States under a global legal system that would diminish our "distinctive rights culture" such as our broad speech and religion rights, due process and trial by jury. Koh complains that our First Amendment gives "protections for speech and religion ... far greater emphasis and judicial protection in America" than Europe or Asia enjoy.

Yes, our Constitution does give individuals more rights and freedom than any other country, and we Americans like those rights and freedoms. But Mr. Koh thinks we should bow to foreign rules and court decisions, and to United Nations treaties whether or not we have ratified them.

What do you think? Do some people really want to make Americans subject to foreign law and courts?

Listen to this commentary.