[Peace-discuss] Trumping the Constitution

[Robert Naiman]

I'm stunned that I have to defend international law in these
precincts. In the salad days of my youth as a peace activist, one
could assume that people who considered themselves peace activists not
only respected international law, but saw themselves as obligated to
defend it.

Is it your position, Bob, that the US is not bound by international
law? That the US invasion of Iraq did not violate US obligations under
the UN Charter?

If this is not your position, why so glib about this crucial fact?

On Wed, Aug 27, 2008 at 1:39 PM, Bob Illyes <illyes at uiuc.edu> wrote:
> 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
>
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-- 
Robert Naiman
Just Foreign Policy
www.justforeignpolicy.org
naiman at justforeignpolicy.org

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