The Corner

Nothing to Fear from Transnationalists?

On the Volokh Conspiracy, law professor Eugene Volokh builds on my Corner post this morning about Harold Koh’s “opprobrium” for America’s “distinctive rights culture,” which gives “First Amendment protections for speech and religion . . . far greater emphasis and judicial protection in America than in Europe or Asia.” As I did, Volokh sees in Koh’s article a danger that the international norms that transnationalists favor could be used to “reduce the scope of American constitutional rights.” Indeed, Volokh quotes another transnationalist scholar who celebrates the prospect that transnationalism “may point to the Constitution’s more complete subordination” to international norms.

Meantime, another of Koh’s defenders disparages my arguments while utterly failing to engage them.

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