[Peace-discuss] Trumping the Constitution

[Bob Illyes]

Wayne is exactly right regarding international law. Just because something 
is a law generated by constitutional procedures does not mean that it is a 
constitutional law. This definitely includes treaties.

Permitting a UN security council decision to take us to war, for example, 
violates the Constitution. This was finessed during the Korean War by 
refusing to call it a war, as you doubtless all know, but this is childish 
nonsense.

More recently, Congress declared that Bush could decide whether or not to 
invade Iraq. This was legal, but not constitutional.

It is also routine for the President to legislate (thing published in the 
Federal Register have the force of law unless contested). Congress could 
vote to give the President all legislative power. If signed, this would be 
completely legal, and completely unconstitutional.

Organizations like the WTO are an anathema. They make binding laws but are 
not elected. Is a treaty binding when it violates the constitution? I don't 
think so, but international crony capitalism claims otherwise.

Bob