When Judges Make Foreign Policy

US Supreme Court decisions comment on major trends, including globalization. Two perspectives have emerged from the court, notes law professor Noah Feldman, writing for the New York Times. One suggests that law “derives its legitimacy from being enacted by elected representatives of the people” and the other suggests that law aims for a “global ideal.” The US Supreme Court is divided between the two perspectives, with many 5- 4 decisions, and the presidential election will decide the court’s direction. Feldman reviews recent cases that reflect each perspective, the former often aligning with conservative interests and the latter with liberal ones, and notes that “when the world has changed drastically, the Constitution has always had the flexibility to change along with it.” Feldman points out that law is a tool for the powerful: “The reason those with power prefer law to brute force is that it regularizes and legitimates the exercise of authority.” In era of fast-moving globalization, Feldman concludes that law is needed more than ever before for organizing a growing range interests in stable ways. – YaleGlobal