Obama to Get "Fast Track" for Trade Pacts?--Why This is Important!--It's a Popular/Populist Uprise.

[JDPriestly]

2. K&R. As Kevin Zeese explains, the TPP is a threat to our Constitution.

A serious one. And if you don't think so, then take a course in constitutional law and once you have passed it, come here and explain why it isn't.

One thing that Kevin Zeese did not mention is that our law is not just laws passed by Congress but is also based on a tradition of the precedents of court decisions made by appellate courts as well as the Supreme Court.

The TPP (as with other trade courts that may issue decisions that cannot be appealed within our national system of justice) courts will eventually begin to make decisions that conflict with the precedents of our courts. And of course, I assume that, necessarily, the TPP decisions will be respected and carried out. This is a challenge as Kevin Zeese did explain to our entire system of justice when it comes to cases involving parties that could be subject to the decisions of the TPP.

I assume that the decisions of the TPP court will prevail over the decisions of our country's courts. But then what happens? Do the TPP decisions become precedent within our system of justice? What if there is a conflict between these decisions as precedent, not as just the single decisions applying to the facts of the case in the TPP court, but as to other cases in our courts. And if the TPP cases do not establish precedent in our judicial system, what happens when we have conflicts.

I can see how a choice of law will work in an individual case, but the structure that defines two parallel systems of law applying to the same nation just seems to me to be a disaster waiting to happen. And if corporations can seek remedies in the TPP courts, but real people cannot? Then could the TPP court order one remedy for a corporation and the individual challenging that corporation in a state or federal court obtain a conflicting remedy. And then, does the remedy of the TPP court prevail, and if so, what recourse does the individual have.

I am thinking of, for example cases of personal injury due to some policy, action or product of a corporation.

How can this possibly work? We already have problems with the NAFTA courts that have not yet been recognized and have not yet manifested themselves. And here we go digging ourselves a deeper hole.