America was launched with a declaration that, in the words of John Quincy Adams, “constituted a great people” and “laid the foundation of their government upon the unalterable and eternal principles of human rights.” It does not follow, however, that Americans should embrace elaborate schemes to codify human rights in international law. Our Founding documents actually suggest the opposite conclusion. The traditional view of the Constitution, if we still attend to it, protects our system against overreaching by contemporary human rights advocates.
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A newly published book revisits ATS litigation, suggesting that the retreat of the U.S. judicial system from its commitment to international human rights has positive implications.
A new book revisits ATS litigation, suggesting that the retreat of the U.S. judicial system from its commitment to international human rights has positive implications.