Transnationalism and National Defense

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.

Related posts:
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
Why Sovereignty?
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
Philosophical Obtuseness
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
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
Anarcho-Libertarian “Stretching”
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
Parsing Peace
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?
Anarchistic Balderdash
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
Torture, Revisited
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
Torture
September 11: A Remembrance
The “Predator War” and Self-Defense
The National Psyche and Foreign Wars
Inside-Outside
A Moralist’s Moral Blindness
The Folly of Pacifism
Why We Should (and Should Not) Fight

Liberalism and Sovereignty

Don Boudreaux of Cafe Hayek writes about liberalism:

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.

Boudreaux is correct in saying that what is now called “liberalism” is not liberalism; it is a virulent strain of statism. Boudreaux’s strain of old-fashioned or “classical” liberalism is nowadays called libertarianism. But Boudreaux is one of those holdouts who insists that he is a liberal. There is much error in libertarianism but it is on the side of the angels by comparison with the modern, left-statist jumble of dogmas that goes by the names “liberalism” and “progressivism”.

Returning to Boudreaux’s post: He also states a (truly) liberal value, namely, that respect for others should not depend on where they happen to live. But it is prudent to put more trust in those who have proven their affection and support for you, than it is to trust those not-so-close to you — whether they live next door, in the inner city, or in Timbuktu.

And that is where Boudreaux, most self-styled libertarians, and all pacifists go off the rails. As Boudreaux says later in the same post:

[L]iberalism rejects the notion that there is anything much special or compelling about political relationships. It is tribalistic, atavistic, to regard those who look more like you to be more worthy of your regard than are those who look less like you. It is tribalistic, atavistic, to regard those who speak your native tongue to be more worthy of your affection and concern than are those whose native tongues differ from yours.

For the true liberal, the human race is the human race.  The struggle is to cast off as much as possible primitive sentiments about “us” being different from “them.”

The problem with such sentiments 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 Boudreaux-like liberal does strive to rise above such sentiments, but not everyone else makes the same effort, as Boudreaux admits. Therein lies the problem.

Americans, as a mostly undifferentiated mass, are disdained and hated by many foreigners. (Aside: Conservative Americans, whether “deplorable” or not, are hated as a mostly undifferentiated mass by leftists, who are extreme tribalists.) The disdain and hatred arise from a variety of sources, ranging from pseudo-intellectual snobbery to nationalistic rivalry to anti-Western fanaticism. When the hatred leads to aggression, that aggression is aimed at all Americans: liberal, “liberal,” conservative, libertarian, bellicose, pacifistic, tribal, or whatever.

Leftists like to deploy the slogan “We’re all in this together” to justify their economically and socially destructive schemes. But when it comes to defense against foreign aggression, Americans truly are “all in this together”. The bitter irony is that leftists are generally uninterested in that crucial aspect of togetherness.

The Framers of the Constitution, being both smart and realistic, “did ordain and establish” a new form of government “in Order to . . . provide for the common defence” (and a few other things). That is to say, the Framers recognized the importance of establishing the United States as a sovereign state for limited and specified purposes, while preserving the sovereignty of the several States and their inhabitants for all other purposes.

If Americans do not mutually defend themselves through the sovereign state which was established for that purpose, who will do so? That is the question which liberals (both true and false) often fail to ask. Instead, they tend to propound internationalism for its own sake. It is a mindless internationalism, one that often disdains America’s sovereignty, and the defense thereof.

One manifestation of mindless internationalism is “transnationalism”:

“Transnationalism” challenges the traditional American understanding that (in the summary, which I slightly adapt, of Duke law professor Curtis A. Bradley) “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. [Ed Whelan, “Harold Koh’s Transnationalism“, National Review (The Corner), April 6, 2009]

Mindless internationalism equates sovereignty with  jingoism, protectionism, militarism, and other deplorable “isms”. It ignores or denies the hard reality that Americans and their legitimate overseas interests are threatened by nationalistic rivalries and anti-Western fanaticism. “Transnationalism” is just a “soft” form of aggression; it would erode American values from the inside out, though American leftists hardly need any help from their foreign allies.

In the real world of powerful international 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 the protections of a common defense — are inseparable from and dependent upon the sovereignty of the United States.  To cede that sovereignty for the sake of mindless internationalism is to risk the complete loss of the benefits promised by the Constitution.