Universalizing the U.S. Constitution and its Accompanying Bill of Rights, Which Together Remain the Only Truly Enforced Declaration of Human Rights

http://www.opiniojuris.org/posts/1210866222.shtml


ITSSD Response to:


Global Governance vs. Liberal Democracy? We are Going to Have to Choose, by John Fonte


OPINIO JURIS


May 18, 2008


Global Governance vs. Liberal Democracy? We are going to have to choose
by John Fonte


I want to thank Peter for inviting me to participate in this discussion. It has been very useful and clarifying. I will close with a few thoughts. Peter's book addresses what will become the major issue of world politics in the 21st century and I'm grateful for his efforts. He has made a strong descriptive case (as has Alex and others), but, in the end, we are all moral human beings interested in the normative.


What we are talking about is the ultimate normative question of politics going back to Plato and Aristotle: who shall govern? For many among Western elites the big idea of the coming century will be how do go beyond the nation-state and national citizenship and create some new form of global governance. In my view (and I realize I'm in a minority in this discussion) global governance (as it has been articulated to date) presents a direct challenge to the legitimacy and authority of the liberal democratic nation-state in general and to American constitutional sovereignty in particular. It is not possible, in my view, to have the new forms of post-national global governance (that have been described in our exchanges) and have, at the same time, constitutional democratic government. At the end of the day, we must choose global governance or liberal democracy?


I choose liberal democracy and its only real historical home, the liberal democratic nation-state as the highest political authority, above any international institution or laws. This is a universal principle and American foreign policy should apply this universally, speaking not simply for American democratic sovereignty, but for the democratic sovereignty of other liberal democratic states as well in arguments over, for example, the International Criminal Court (ICC). Particularly, we should speak up for and protect those democratic nation-states that are under pressure from transnational institutions and forces such as Israel and the Czech Republic (non-ratifiers of the ICC). I will be addressing these issues in my forthcoming (2009) book, Sovereignty or Submission: Will Americans Rule Themselves or be Ruled by Others? (Encounter Books). Thanks Peter. 05.15.2008 at 11:43am


(link)Ron Moss (mail) (www):

Of course global governance presents a direct challenge to the nation-state, just as the formation of tribes presented a challenge to clans and the formation of nations presented a challenge to tribes. It does not present a challenge to democracy. The question is how are Human Rights best served? Individual Human Rights must be the foundation of all governance. The world has become globalized but is not governed globally. We are a world community, like it or not. How can we address climate change other than on a global basis? How can we allow the free flow of capital without global accounting and disclosure standards? How can we protect oppressed peoples other than on a global basis? As the US Constitution says, each human being has rights that no government can take away. No sovereignty, global or local, should be recognized that deprives human beings of their rights.

5.15.2008 2:17pm


(link)nightstallion:

Absolute nonsense. There is no single good reason why the US, Israel and Czechia should not ratify the ICC Statute, period.
5.16.2008 6:39am


(link)Lawrence Kogan (mail) (www):

I believe that Mr. Fonte is correct in his assertion that Americans are not ready or willing to concede the obsolecence of the nation state in furtherance of greater global governance. In fact, they are more likely to object to such a movement than is being represented by the globalists.


I previously engaged in a dialogue with Peter Spiro about the hierarchy of law within the US. I insisted that a treaty is of the same legal significance within the US as is a federal statute (i.e., a legislative promulgation of Congress), and that both are lesser in legal significance than is the U.S. Constitution. In other words, in the case of a conflict, the US Constitution trumps both a federal statute AND a treaty. This truism is absolute insofar as the Supreme Court has ruled that a treaty, like a federal statute, cannot contravene the Constitution and its Bill of Rights and remain legally valid for purposes of US law.


Of course, Peter, being a revisionist, disagrees with this outcome. And, based on his prior statements to me, he endeavors to reinterpret US case precedent and the original intent of the US Constitution (particularly its federal treaty-making clause) for the purpose of facilitating greater US legal harmonization with foreign national and international laws.


There are a number of reasons why the citizens of the U.S., boasting the world's oldest functioning representative democracy, truly a republic, should be reluctant to subject themselves to the evolving bureaucratic institutions of global governance that lack significant checks and balances and public accountability. Chief among the reasons why Americans should resist integration within such institutions, is that such institutions do not recognize, reflect and embody the primacy of natural individual rights, as embodied and incorporated within the U.S. Constitution, its accompanying Bill of Rights and the U.S. Declaration of Independence.


The ICC, like most other international institutions, is at best a compromise between the competing common law vs. civil law institutions of Anglo-American and Continental legal systems. And, we can all see how 'well-functioning' and respectful of individual rights the emerging EU regional Continental legal system is, especially considering how the European national and regional politicians have handled the EU Constitution/EU Treaty issue. In a nutshell, the politicians along with the national and regional governmental bureaucrats trampled on the individual rights of European citizens by misrepresenting the nature of the new treaty, following the prior failed public referenda in 2005. Fortunately, Giscard D'Estaing publicly admitted that the Treaty was merely a subterfuge - a restated and reorganized EU Constitution that the politicans and bureaucrats were trying to cram down the national legislatures without public consent - rule BY law (or rule of MEN).


This continuing disrespect for the rule OF law is symptomatic of European Continental law. While they give lip service to the Universal Declaration of Human Rights and other lofty instruments, they do NOT practice what they preach. For example, European scholars readily admit that under the Continental legal system, guilt is presumed before innocence in the event of an alleged violation of civil or criminal law (e.g., one need only review the bases and modus operandi undertaken in the recent antitrust raids in Europe), whereas under the Anglo-American system, the opposite is true (i.e., the government must show 'probable cause' to issue a warrant). Also, European scholars readily admit that exclusive private property rights are 'negative' rights under the Anglo-American legal system (i.e., contra the rights of other property holders and of the government,) whereas, under the Continental legal system, property rights are deemed as 'positive' rights subject to governmental override when government considers them to be inconsistent with the public/social interest. Hence, European scholars acknowledge that property rights in Europe are ATTENTUATED. I would be pleased to provide Peter with the growing scholarship in this area if he requires a bit of persuasion.


The UN/EU philosophy of climate change as the sin qua non justification for greater global goverance perhaps reflects the greatest attempted mass fraud on the human race ever conceived since the Marxist and Nazi eras. When one looks closely at the emerging regulatory instrument of choice i.e., the nontransparent and overly complex GHG emissions cap &trade system, one can clearly see how no specific emissions reductions achieved by particular emitters can be guaranteed, how the major GHG brokerages on Wall Street and in London's financial district will be the ones to make most of the money, and how energy, goods and services prices of consumers on both sides of the Atlantic will significantly rise, all in the name of 'global governance'. The whole purpose behind a nontransparent regulatory instrument such as this is 'burden sharing' - UN/EU speak for wealth redistribution.


While the world has become more integrated and the interests of diverse peoples have become more closely aligned than ever before, this does NOT suggest that only ONE analyis, ONE solution and/or one set of 'standards' is called for. Nor does it suggest that the only model of governance to address global issues is that of a massive supranational global regulatory welfare state that incorporates values found within EU Continental law and cultural preferences that place the individual secondary to society. Despite my disagreement with Mr. Moss's and Mr. Spiro's proposed global governance prescriptions, I do agree with Mr. Moss' statement concerning the US Constitution. "As the US Constitution says, each human being has rights that no government can take away. No sovereignty, global or local, should be recognized that deprives human beings of their rights."


Now, if globalists wish cover up these and other distinctions in order to 'sell' their brand of Global Governance, they should be well aware that there a number of us out there who will continue to point out and press them on issues that must first be resolved before the US engages in any further global integration. Americans must be educated by Congress about what is at stake. If the globalists are as confident about their new world system as they claim to be, then they should be willing to put their words on the public record for Americans to see. Americans must be ensured that they are to retain at the very least the same rights and opportunities to which they are entitled under the US Constitution and its accompanying Bill of Rights, which was and remains the only truly enforced Declaration of Human Rights. Nothing less would be acceptable.

The U.S. Constitution and its accompanying Bill of Rights remains the only bulwark against the creeping international laws and bureaucratic institutions of the supranational global governance movement. Since that movement seeks to establish the primacy of the global public good over the private good, it would behoove us all if we were to help Americans to quickly become reacquainted with these founding documents and the European history (i.e., the Enlightenment Era) from which they arose.

5.18.2008 12:39pm

Czech President Vaclav Klaus Has Long Warned Against Global 'Europeanism': But is the 110th U.S. Congress Listening? Does it Want This for America??

http://www.brusselsjournal.com/node/206

Czech President Warns Against “Europeanism”


From the desk of Paul Belien


The Brussels Journal


August 28, 2005


The most impressive speech during the recent Regional Meeting of the Mont Pelerin Society was undoubtedly Czech President Václav Klaus’s “View from a Post-Communist Country in a Predominantly Post-Democratic Europe.” Klaus has been an MPS member since 1990 and likes to attend the MPS meetings. Though his political obligations (as Prime Minister from 1992 to 1997 and President since 2002) do not always allow him to attend, he combined his presence at the MPS meeting in Reykjavik with an official visit to the Republic of Iceland.


Václav Klaus President Klaus spoke last Monday, warning for the new “substitute ideologies of socialism” such as “Europeanism” and “NGOism.” These “isms” are currently threatening Europe. “In the first decade of the 21st century we should not concentrate exclusively on socialism,” he said.


“There is a well-known saying that we should not fight the old, already non-existent battles. I find this point worth stressing even if I do not want to say that socialism is definitely over. There are, I believe, at least two arguments, which justify looking at other ideologies as well. The first is the difference between the hard and soft version of socialism and the second is the emergence of new ‘isms’ based on similar illiberal or antiliberal views.”


Václav Klaus is an indomitable defender of liberty, Europe’s only leader in the mould of the formidable Lady Thatcher. Though communism, the “hard version of socialism” is probably over this has not automatically led “to a system we would like to have and live in,” he said.


“Fifteen years after the collapse of communism. I am afraid more than at the beginning of its softer (or weaker) version, of social-democratism, which has become – under different names, e.g. the welfare state or the soziale Marktwirtschaft – the dominant model of the economic and social system of current Western civilization. It is based on big and patronizing government, on extensive regulating of human behavior, and on large-scale income redistribution.”


[See, e.g., V. I. Lenin, Two Tactics of Social-Democracy in the Democratic Revolution, (Foreign Languages Press, Peking (c) 1965), at: http://images.google.com/imgres?imgurl=http://www.marx2mao.com/Lenin/L97p(249x312).GIF&imgrefurl=http://www.marx2mao.com/Lenin/TT05.html&h=312&w=249&sz=9&hl=en&start=3&tbnid=MyVOy8MeAhq96M:&tbnh=117&tbnw=93&prev=/images%3Fq%3Dsocial%2Bdemocratism%26gbv%3D2%26hl%3Den%26safe%3Doff ].


He urged the MPS members and all freedom loving Europeans “to understand this contemporary version of world-wide socialism, because our old concepts may omit some of the crucial features of what is around us just now. We may even find out that the continuous use of the term socialism can be misleading.”


“Illiberal ideas are becoming to be formulated, spread and preached under the name of ideologies or “isms”, which have – at least formally and nominally – nothing in common with the old-style, explicit socialism. These ideas are, however, in many respects similar to it. There is always a limiting (or constraining) of human freedom, there is always ambitious social engineering, there is always an immodest ‘enforcement of a good’ by those who are anointed (T. Sowell) on others against their will, there is always the crowding out of standard democratic methods by alternative political procedures, and there is always the feeling of superiority of intellectuals and of their ambitions.”


As substitutes of socialism, Václav Klaus cited “environmentalism (with its Earth First, not Freedom First principle), radical humanrightism (based – as de Jasay precisely argues – on not distinguishing rights and rightism), the ideology of ‘civic society’ (or communitarism), which is nothing less than one version of post-Marxist collectivism which wants privileges for organized groups, and in consequence, a refeudalization of society […], multiculturalism, feminism, apolitical technocratism (based on the resentment against politics and politicians), internationalism (and especially its European variant called Europeanism) and a rapidly growing phenomenon I call NGOism.”


“These alternative ideologies […] are successful especially where there is no sufficient resistance to them, where they find a fertile soil for their flourishing, where they find a country (or the whole continent) where freedom (and free markets) have been heavily undermined by long lasting collectivistic dreams and experiences and where intellectuals have succeeded in getting and maintaining a very strong voice and social status. I have in mind, of course, rather Europe, than America.




[BUT, FOLLOWING THE NOVEMBER 2006 U.S. CONGRESSIONAL ELECTIONS, IT WOULD APPEAR THAT AMERICA, AS WELL, UNDER DEMOCRATIC PARTY RULE, EMBRACES 'EUROPEANISM' AND 'SOFT SOCIALISM']


It is Europe where we witness the crowding out of democracy by post democracy, where the EU dominance replaces democratic arrangements in the EU member countries, where [some people] do not see the dangers of empty Europeanism and of a deep (and ever deeper) but only bureaucratic unification of the whole European continent. They applaud the growing formal opening of the continent, but do not see that the elimination of some of the borders without actual liberalization of human activities ‘only’ shifts governments upwards, which means to the level where there is no democratic accountability and where the decisions are made by politicians appointed by politicians, not elected by citizens in free elections.


The European constitution was an attempt to set up and consolidate such a system in a legal form. It was an attempt to constitute it. It is, hence, more than important that the French and Dutch referenda made an end to it, that they interrupted the seemingly irreversible process towards an ‘ever-closer Europe’.”


Václav Klaus called for a European political system not to be “destroyed by a postmodern interpretation of human rights with its stress on positive rights, with its dominance of group rights and entitlements over individual rights and responsibilities, and with its denationalization of citizenship.” He explicitly opposed the “weakening of democratic institutions, which have irreplaceable roots exclusively on the territory of the states,” as well as “the ‘multiculturally’ caused loss of a needed coherence of various social entities” and the “continental-wide rent-seeking made possible when decision-making is done at a level which is very far from the individual citizens and where the dispersed voters are even more dispersed than in sovereign countries.”


He also opposed “excessive government regulation” and “huge subsidies to privileged or protected industries and firms.” He warned that Europe’s social system “must not be wrecked by all imaginable kinds of disincentives, by more than generous welfare payments, by large scale redistribution, by many forms of government paternalism.” Instead, Europe has to “be based on freedom, personal responsibility, individualism, natural caring for others and genuine moral conduct of life.”


“[Europe] is a system of relations and relationships of individual countries, which must not be based on false internationalism, on supranational organizations and on misunderstanding of globalization and of externalities, but which will be based on good neighborliness of free, sovereign countries and on international pacts and agreements.”


President Klaus’s speech was spot on. One rarely hears a politician outlining in such poignant and clear words the problems of our times that others dare not mention out of fear of being “politically incorrect.” It reminded us of Margaret Thatcher’s seminal “Bruges Speech” on 20 September 1988.


Mr. Klaus’s Reykjavik MPS speech of 22 August can be found in full on his website. The Brussels Journal has recorded the speech on audiotape from within the conference room. It can be downloaded here (see "attachments" at the bottom of this article).

Global Integration Must Be Shaped by U.S. Constitutional Principles That Preserve National Sovereignty; NOT by Top-Down Supranational Institutions

http://www.opiniojuris.org/posts/1210866222.shtml


The discussion contained in the above link reflects a growing consensus that American politicians, particularly the next President of the United States and the U.S. Congress, must ensure that any further U.S. global integration with international institutions must be conditioned upon those international institutions adopting, implementing and enforcing U.S. constitutional/human rights principles. These principles which are found in the Articles of the U.S. Constitution, the Amendments of its accompanying Bill of Rights and the Declaration of Independence, include among others: 1) Adequate checks & balances / separation of powers/federalism; 2) Transparency of laws, regulations and standards; 3) The rule of law, NOT the rule by law (or the rule of men); 4) The public accountability of government officials at all levels; 5) Strong recognition and protection of natural exclusive private property rights, tangible as well as intangible; 6) No taxation or regulation without representation; and 7) Strong recognition and respect for individualism rather than communalism.


The U.S. Constitution, its accompanying Bill of Rights and the Declaration of Independence remain the only bulwark against the creeping international laws and bureaucratic institutions of the supranational global governance movement that seek to undermine the sovereignty of the world's remaining nation-states, including the United States. Since that movement endeavors to establish the primacy of the global 'public good' over the 'private good' and to attenuate private property rights and redistribute economic wealth for social purposes, it would behoove all Americans if we were to quickly become reacquainted with these founding documents and the European history (i.e., the Enlightenment Era) from which they arose.

THE U.S. CONSTITUTION: 1787



THE BILL OF RIGHTS TO THE U.S. CONSTITUTION - 1789



THE DECLARATION OF INDEPENDENCE - 1776