Barack Obama has nominated Harold Hongju Koh to be the legal advisor to the U.S. State Department. Koh is the dean of Yale Law School, and he is of the opinion that America should be made subject to something called “transnational” jurisprudence. Anyone who studies the writings of Mr. Koh will probably come to the conclusion that the man should be taken to task on a wide variety of issues. But for most Americans the central issue is this: where in Koh's legal philosophy does democracy come in? As noted by John Fonte, senior fellow at the Hudson Institute:The … assault on the sovereignty of the … democratic nation-state has just kicked into high gear with the nomination … of Yale Law School Dean Harold Koh to be the Legal Advisor to the U.S. State Department. Dean Koh wants to "trigger a transnational legal process" … Put simply, he favors opening a transnational legal space beyond the Constitution and the democratic decision-making...(Read Full Post)