Ed Whelan of Bench Memos explains:
“Transnationalism” challenges the traditional American understanding that … “international and domestic law are distinct, [the United States] determines for itself [through its political branches] when and to what extent international law is incorporated into its legal system, and the status of international law in the domestic system is determined by domestic law.” Transnationalists aim in particular to use American courts to import international law to override the policies adopted through the processes of representative government.
Transnationalism is a manifestation of an attitude that seems to prevail among leftists and extreme libertarians. Such types advocate a kind of international legal order in which acts of aggression against Americans cannot be answered or avenged except through the observance of legal niceties. As if there are international tribunals that would dispense even-handed judgments where the U.S. is concerned. As if our enemies could be counted on to observe international laws against aggression.
This benighted attitude is found in this post by Don Boudreaux, an otherwise sensible libertarian:
One of the great tenets of liberalism — the true sort of liberalism, not the dirigiste ignorance that today, in English-speaking countries, flatters itself unjustifiably with that term — is that no human being is less worthy just because he or she is outside of a particular group. Any randomly chosen stranger from Cairo or Cancun has as much claim on my sympathies and my respect and my regard as does any randomly chosen person from Charlottesville or Chicago.
The problem with such sentiments — correct as they may be — is the implication that we have nothing more to fear from people of foreign lands than we have to fear from our own friends and neighbors. Yet, as Boudreaux himself acknowledges,
[t]he liberal is fully aware that such sentiments [about "us" being different from "them"] are rooted in humans’ evolved psychology, and so are not easily cast off. But the liberal does his or her best to rise above those atavistic sentiments,
Yes, the liberal does strive to rise above such sentiments, but not everyone else makes the same effort, as Boudreaux admits. Therein lies the problem.
Transnationalists equate sovereignty with jingoism, protectionism, militarism, and other deplorable “isms.” Transnationalists ignore or deny the hard reality that Americans and their legitimate overseas interests are threatened by nationalistic rivals and anti-Western fanatics.
In the real world of powerful rivals and determined, resourceful fanatics, the benefits afforded Americans by our (somewhat eroded) constitutional contract — most notably the enjoyment of civil liberties, the blessings of free markets and free trade, and the protections of a common defense — are inseparable from and dependent upon the sovereign power of the United States. To cede that sovereignty for the sake of transnationalism is to risk the complete loss of the benefits promised by the Constitution.
It is for those reasons that I reject and despise leftists and extreme libertarians who have used the recent, justified, and laudable execution of Osama bin Laden as an occasion for spewing their venom. Noam Chomsky exemplifies the left’s moral relativism:
We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush’s compound, assassinated him, and dumped his body in the Atlantic.
Jeffrey Tucker exemplifies loony anarcho-capitalism:
I have some vague sense that many people are opposed to capital punishment, and for good reason, and especially when there is no trial and conviction, and yet we are expected uncritically to celebrate the death of Bin Laden at the hands of the U.S. state.
What Chomsky, Tucker, and their ilk have in common is their status as cosseted intellectuals who benefit from the existence of the very state that they profess to abhor. I have little doubt of the fate that would befall them should they venture into the wrong part of the world without a retinue of SEALs to protect them from what passes for “justice” among the savages.
Libertarians and the Common Defense
Libertarianism and Pre-emptive War: Part I
An Aside about Libertarianism and the War
Right On! For Libertarian Hawks Only
Conservative Criticism of the War on Terror
Understanding Libertarian Hawks
More about Libertarian Hawks and Doves
Defense, Anarcho-Capitalist Style
The Illogic of Knee-Jerk Civil Liberties Advocates
War Can Be the Answer
Getting It All Wrong about the Risk of Terrorism
Conservative Revisionism, Conservative Backlash, or Conservative Righteousness?
Why We Fight
Getting It Almost Right about Iraq
But Wouldn’t Warlords Take Over?
Sorting Out the Libertarian Hawks and Doves
Now, Let’s Talk About Something Else
Shall We All Hang Separately?
Foxhole Rats, Redux
Know Thine Enemy
September 11: A Remembrance
September 11: A Postscript for “Peace Lovers”
The Faces of Appeasement
Libertarianism and Preemptive War: Part II
Torture and Morality
Give Me Liberty or Give Me Non-Aggression?
We Have Met the Enemy . . .
My View of Warlordism, Seconded
Whose Liberties Are We Fighting For?
The Constitution and Warrantless “Eavesdropping”
NSA “Eavesdropping”: The Last Word (from Me)
Privacy, Security, and Electronic Surveillance
Privacy: Variations on the Theme of Liberty
Words for the Unwise
More Foxhole Rats
The Fatal Naïveté of Anarcho-Libertarianism
Final (?) Words about Preemption and the Constitution
Recommended Reading about NSA’s Surveillance Program
Riots, Culture, and the Final Showdown
A Rant about Torture
More Final (?) Words about Preemption and the Constitution
QandO Saved Me the Trouble
What If We Lose?
A Footnote about “Eavesdropping”
Thomas Woods and War
More than Enough Amateur Critics
Moussaoui and “White Guilt”
Jihad in Canada
In Defense of Ann Coulter
In Which I Reply to the Executive Editor of The New York Times
Post-Americans and Their Progeny
“Peace for Our Time”
Anti-Bush or Pro-Treason?
“Proportionate Response” in Perspective
Taking on Torture
Conspiracy Theorists’ Cousins
Not Enough Boots
Defense as the Ultimate Social Service
I Have an Idea
September 11: Five Years On
How to View Defense Spending
Reaching the Limit?
The Best Defense . . .
A Skewed Perspective on Terrorism
Terrorists’ “Rights” and the Military Commissions Act of 2006
More Stupidity from Cato
The Military Commissions Act of 2006
A Critique of Extreme Libertarianism
And Your Point Is?
Not Enough Boots: The Why of It
Blood for Oil
Katie Couric: Post-American
It *Is* the Oil
Here We Go Again
Christmas in Iran: Foreign Affairs According to Planet Rockwell
Waterboarding, Torture, and Defense
9/11 Plotters and the Death Penalty
Cato’s Usual Casuistry on Matters of War and Peace
The Media, the Left, and War
September 11: A Remembrance
The “Predator War” and Self-Defense
The National Psyche and Foreign Wars
A Moralist’s Moral Blindness
The Folly of Pacifism
Why We Should (and Should Not) Fight