He dramatically personalized the U.S. bid by joining his wife in Copenhagen to appeal for the selection of his adopted city
Frank Gaffney Jr. , Bio and Archives--October 5, 2009
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I'm worried that the Executive Branch's endorsement of speech-restrictive ‘international human rights' norms will affect how the courts interpret the First Amendment, so that over time, ‘an international norm against hate speech ... [would] supply a basis for prohibiting [hate speech], the First Amendment notwithstanding.' And that worry stems not just from my fevered imagination, but from the views of Prof. Peter Spiro, a noted legal academic who is a supporter of this tendency. That's not fear-mongering on his part, but hope (hope-mongering?) and prediction. So anything that an Administration does to endorse international speech-restrictive norms might well have an effect on our own constitutional rights as well.Again, the question occurs: "What is Obama thinking?" The fact that his policies are tracking with those of the Muslim Brotherhood and others seeking to promote the supremacist and seditious program authoritative Islam calls Shariah is not news (at least to readers of this column). What is news, and deeply troubling at that, is the fact that President Obama and his administration are now formalizing this ominous alignment in international forums like the Human Rights Council. According to the past writings of Harold Koh, the former Yale Law School dean who is now the U.S. government's top authority on international law and its application domestically, "norms" like the new Human Rights Council resolution should supercede U.S. laws and even the Constitution. The Ethics and Public Policy Center's extraordinary Ed Whalen cites a 2004 essay by Koh, entitled "International Law as Part of Our Law," as approvingly setting forth the transnationalist view that "Domestic courts must play a key role in coordinating U.S. domestic constitutional rules with rules of foreign and international law, not simply to promote American aims, but to advance the broader development of a well-functioning international judicial system." Toward this end, Koh believes that, in several circumstances, it is "appropriate for the Supreme Court to construe our Constitution in light of foreign and international law." The conclusion seems inescapable: In yet another expression of the President's arrogance, he and his administration are in the process of willfully promoting an agenda at odds with not just the Constitution but the larger national interest. Unlike the Chicago Olympics fiasco, however, in the case of "hate speech," it is the American people and Congress that must repudiate him.
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Frank J. Gaffney, Jr. is the President of the Center for Security Policy and a columnist for the Washington Times.