Americans have created this false dichotomy between patriotism and “globalism”, as if caring about international law, global public opinion, and the ideas of other nations is somehow intrinsically “un-American”. This would have been absurd to the Founding Fathers, who by today’s standards would be labeled globalist elites.
None other than James Madison, the father of the constitution, insisted that “no nation was so enlightened that it could ignore the impartial judgments of other nations and still expect to govern itself wisely and effectively”. In Federalist 63, he stressed the importance of respecting the consensus views of other countries and even believed that global public opinion could help keep ourselves in check:
An attention to the judgment of other nations is important to every government for two reasons: The one is, that independently of the merits of any particular plan or measure, it is desirable on various accounts, that it should appear to other nations as the offspring of a wise and honorable policy: The second is, that in doubtful cases, particularly where the national councils may be warped by some strong passion, or momentary interest, the presumed or known opinion of the impartial world, may be the best guide that can be followed.
Madison even adds that America would flourish if it considered the judgments and views of the world:
What has not America lost by her want of character with foreign nations? And how many errors and follies would she not have avoided, if the justice and propriety of her measures had in every instance been previously tried by the light in which they would probably appear to the unbiassed part of mankind?
Madison was far from alone in this view. Most of the founders, including Alexander Hamilton, John Adams, John Jay, and Thomas Jefferson, shared this sentiment, which is reflected in the U.S. Constitution. The Supremacy Clause states that international treaties are the supreme law of the land, even superseding conflicting domestic laws. The little known Offences Clause commits Congress to safeguard the “law of nations”, which we now cause international law. The Supreme Court has consistently upheld America’s commitments to international law; in one of its first cases, Ware v. Hylton, it ruled that the U.S. was bound by the terms of its peace treaty with Britain—even if it meant striking down a patriotic but conflicting state law. Many other cases—Missouri v. Holland, U.S. v. Curtiss-Wright, and The Paquete Habana, among others—followed suit.
Back in Madison’s day, most nations were monarchies in some form. Yet even then Americans saw the merit in garnering their respect or learning from them. Now that we have a more diverse community of nations—including dozens of democracies and allies—we have even more reason to take seriously our commitments to the world and our openness to its ideas.