Ever heard of transnational legal theory?
Danger of the UN's Arms Trade Treaty Is in the Interpretation, Not the
If the Obama Administration gets its way, the United Nations Arms Trade Treaty being negotiated in New York this month could become the kind of international legal document that transnational judges inside the United States will use to gut the Second Amendment.
One of the leading American lawyers in the transnational movement is former Yale Law School dean Harold Koh. While at Yale, Koh published an academic article titled, “Agora: The United States Constitution and International Law: International Law as Part of Our Law.” In it, Koh argued that “[in] an interdependent world, United States courts should not decide cases without paying ‘a decent respect for the opinions of mankind.’”
By using the phrase, “a decent respect for the opinions of mankind,” Koh was quoting an excerpt from the Declaration of Independence. The goal was to justify his belief that United States judges should look to the text and history of other countries’ legal documents when interpreting the U.S. Constitution.
But in doing so Koh took the phrase woefully out of context.
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