Transnationalism challenges the traditional American understanding that “international and domestic law are distinct, that the United States determines for itself through its political branches when and to what extent International law is incorporated into its legal system, and the status of international law in the domestic system is determined by domestic law. Transnationalists aim in particular to use American courts to import international law to override the policies adopted through the processes of Representative Government, in favor of liberal, Socialist European world-view Multiculturalism.
Traditionally, American jurists have taken the nationalist jurisprudence view that 'foreign legal precedents' are an impermissible imposition on the exercise of American sovereignty.
Randolph Bourne was one of the first American progressives to discuss the topic. Originally, the concept of Transnationalism was a cavalier viewpoint regarding American culture and the necessity of whether or not immigrants should work to assimilate into American culture.
Bourne did not believe that America had a culture.
- "With the exception of the South and that New England which, like the Red Indian, seems to be passing into solemn oblivion, there is no distinctively American culture." - Randolph Bourne, Trans-National America
-  Craig Scott; "Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation"
quoting Prof. Curtis A. Bradley
- Ed Whelan; Harold Koh’s Transnationalism — What “Transnationalism” Is
- World War Issues and Ideals: Readings in Contemporary History and Literature, Trans-National America