The Corner

Today’s Questions for the President

Your nominee to the Ninth Circuit Court of Appeals, Berkeley law professor Gordon Liu, wrote that “the use of foreign authority in American constitutional law is a judicial practice that has been very controversial in recent years. The U.S. Supreme Court has cited foreign authority in cases limiting the death penalty and invalidating criminal laws against homosexual sodomy, among others. The resistance to this practice is difficult for me to grasp, since the United States can hardly claim to have a monopoly on wise solutions to common legal problems faced by constitutional democracies around the world.” A cloture motion on Professor Liu’s nomination failed in the Senate last week.

Do you find the use of foreign authority in American constitutional law controversial? Do you find resistance to the use of foreign authority difficult to grasp? Do you favor the use of foreign authority to forge “solutions to common legal problems?” If so, are there any legal problems for which you’d never resort to foreign authority? If so, which problems and why?

Is it your belief that 200 years of American constitutional jurisprudence provides insufficient, incomplete, or inferior guidance to our judiciary? Or is it that American authority fails to provide the guidance some prefer?

Bonus question: Professor Liu also has criticized Supreme Court cases that prohibit the use of state-sponsored racial preferences and other forms of racial engineering to redress general societal discrimination. Do you concur with Professor Liu’s criticism?

Peter Kirsanow — Peter N. Kirsanow is an attorney and a member of the United States Commission on Civil Rights.

Most Popular

Elections

The Jerry Springer Debate

It’s a shame that Joe Biden couldn’t attend Tuesday night's debate. Okay, Biden was in attendance, but during the 90 minutes, it felt like he barely ever finished a complete sentence. It’s not clear that President Trump necessarily won the night, in the sense that people who were leaning against ... Read More
Elections

The Jerry Springer Debate

It’s a shame that Joe Biden couldn’t attend Tuesday night's debate. Okay, Biden was in attendance, but during the 90 minutes, it felt like he barely ever finished a complete sentence. It’s not clear that President Trump necessarily won the night, in the sense that people who were leaning against ... Read More
Elections

Trump Did Himself No Favors

The debate was a remarkable example of the fact that Donald Trump, the most self-serving man in America, doesn’t know how to do himself any favors. For the first ten or twelve minutes of the debate, he was walking away with it — Trumpy, sure, but in control and surprisingly reasonable-sounding. If he had ... Read More
Elections

Trump Did Himself No Favors

The debate was a remarkable example of the fact that Donald Trump, the most self-serving man in America, doesn’t know how to do himself any favors. For the first ten or twelve minutes of the debate, he was walking away with it — Trumpy, sure, but in control and surprisingly reasonable-sounding. If he had ... Read More
Elections

On Last Night’s Debate

The fact that I believe the debate was unwatchable last night does not mean I believe President Trump did not have some good moments. And the fact that I imagine it was a net-net win for Joe Biden does not mean he did not have some utterly awful moments. Yet the unwatchability of the debate -- the cringe factor ... Read More
Elections

On Last Night’s Debate

The fact that I believe the debate was unwatchable last night does not mean I believe President Trump did not have some good moments. And the fact that I imagine it was a net-net win for Joe Biden does not mean he did not have some utterly awful moments. Yet the unwatchability of the debate -- the cringe factor ... Read More

Chaos in Cleveland

The 90 minutes of “debate” between President Donald Trump and former vice president Joe Biden cannot be told as a cohesive story, or reduced to a few bottom lines. It was too fast and too disorganized. Almost anyone watching would have just picked up impressions along the way. I’ve grouped mine into piles ... Read More

Chaos in Cleveland

The 90 minutes of “debate” between President Donald Trump and former vice president Joe Biden cannot be told as a cohesive story, or reduced to a few bottom lines. It was too fast and too disorganized. Almost anyone watching would have just picked up impressions along the way. I’ve grouped mine into piles ... Read More
Elections

Actually, The Debate Was About Issues

I know. A lot of folks are saying the debate was an ugly, insult-filled shouting match that barely got down to cases. Actually, I thought it was a highly entertaining exchange that helpfully spotlighted the candidates’ differences on issues. An ugly, angry exchange? Well, at least it looked like America. If you ... Read More
Elections

Actually, The Debate Was About Issues

I know. A lot of folks are saying the debate was an ugly, insult-filled shouting match that barely got down to cases. Actually, I thought it was a highly entertaining exchange that helpfully spotlighted the candidates’ differences on issues. An ugly, angry exchange? Well, at least it looked like America. If you ... Read More
Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More
Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More
Elections

Who Wins an Unwatchable Debate?

Over coffee this morning I read a fascinating interview with Martin Gurri, the former CIA analyst who first noticed the seismic impact of social media on world politics. The author of The Revolt of the Public and the Crisis of Authority in the New Millennium, Gurri studies the fracturing of discourse and the ... Read More
Elections

Who Wins an Unwatchable Debate?

Over coffee this morning I read a fascinating interview with Martin Gurri, the former CIA analyst who first noticed the seismic impact of social media on world politics. The author of The Revolt of the Public and the Crisis of Authority in the New Millennium, Gurri studies the fracturing of discourse and the ... Read More