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We the People

The Constitution and the world

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 8 October 2015

⏱️ 49 minutes

🧾️ Download transcript

Summary

Oona Hathaway of Yale Law School and Michael Paulsen of the University of St. Thomas School of Law debate whether foreign laws or international agreements have a role in interpreting the U.S. Constitution.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.

0:09.0

The National Constitution Center is the only institution in America chartered by Congress

0:14.2

to disseminate information about the U.S. Constitution on a nonpartisan basis.

0:19.0

And today we're examining the role of the Constitution in an age of globalization.

0:24.4

On October 24th, the United Nations Charter turned 70.

0:28.4

And on September 17th, Justice Stephen Breyer

0:31.1

came to the National Constitution Center to discuss his new book, The Court and the World.

0:36.0

In the book and at the Center, he asked us to consider the following question,

0:40.0

does international law have a place in the interpretation of the US Constitution?

0:45.0

We see this issue arise in Eighth Amendment cases as it did this past June

0:50.0

when Justice Breyer joined Justice Ruth Bader Ginsburg in calling for the end of the death

0:55.0

penalty and citing international authority.

0:57.5

It's also come up in cases about affirmative action, LGBT rights, and other topics.

1:02.8

Here then are the important questions before us.

1:05.2

Should international agreements or other national constitutions and laws

1:08.9

inform our understanding of the US Constitution?

1:11.6

And when are international agreements, treaties, or laws

1:15.1

enforceable and binding within our borders.

1:17.9

Joining me to discuss these questions are two of America's leading experts in international

1:22.4

and constitutional law,

1:23.7

Ona Hathaway is the Gerald and Bernice Latrobe Smith professor of international law

1:28.6

and director of the Center for Global Legal Challenges at Yale Law School.

...

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