Customary international law threatens American democracy, scholars warn.
Customary international law is being treated as federal common law in the US, but this idea is being questioned. The modern position argues that international law should be considered federal law, but this may not be historically accurate. Critics argue that this approach goes against American democracy, separation of powers, and federalism. Without approval from the federal government, international law should not be seen as federal law. This could have important implications for how the US legal system operates.